Alicia Hinarejos
- Published in print:
- 2009
- Published Online:
- May 2010
- ISBN:
- 9780199569960
- eISBN:
- 9780191721977
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199569960.001.0001
- Subject:
- Law, EU Law
The EU's activity under its intergovernmental pillars — The Common Foreign and Security Policy and Justice and Home Affairs — has traditionally been beyond the scope of judicial control offered by ...
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The EU's activity under its intergovernmental pillars — The Common Foreign and Security Policy and Justice and Home Affairs — has traditionally been beyond the scope of judicial control offered by the central EC legal system. The increasing importance of this activity, and its growing intrusion into the lives of individuals, has led to a sense that the level of judicial oversight and protection is insufficient and that the constitutional balance of the Union stands in urgent need of reform. While the need for reform is widely recognised, wholesale constitutional change has been stalled by the failure to ratify the Constitutional Treaty and the delay in ratifying the Treaty of Lisbon. This book charts the attempts to develop more satisfactory judicial control over the intergovernmental pillars in the face of such constitutional inertia. It examines the leading role played by the European Court of Justice in reforming its own jurisdiction, and analyses the ECJ's development as a constitutional court in comparison with more established constitutional adjudicators. Throughout the book the current constitutional position is compared extensively to the reforms introduced by the Treaty of Lisbon, offering a timely snapshot of the EU's federal structure in a state of flux.Less
The EU's activity under its intergovernmental pillars — The Common Foreign and Security Policy and Justice and Home Affairs — has traditionally been beyond the scope of judicial control offered by the central EC legal system. The increasing importance of this activity, and its growing intrusion into the lives of individuals, has led to a sense that the level of judicial oversight and protection is insufficient and that the constitutional balance of the Union stands in urgent need of reform. While the need for reform is widely recognised, wholesale constitutional change has been stalled by the failure to ratify the Constitutional Treaty and the delay in ratifying the Treaty of Lisbon. This book charts the attempts to develop more satisfactory judicial control over the intergovernmental pillars in the face of such constitutional inertia. It examines the leading role played by the European Court of Justice in reforming its own jurisdiction, and analyses the ECJ's development as a constitutional court in comparison with more established constitutional adjudicators. Throughout the book the current constitutional position is compared extensively to the reforms introduced by the Treaty of Lisbon, offering a timely snapshot of the EU's federal structure in a state of flux.
Malcolm Ross and Yuri Borgmann-Prebil (eds)
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199583188
- eISBN:
- 9780191594502
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199583188.001.0001
- Subject:
- Law, Constitutional and Administrative Law, EU Law
The European Commission has claimed that ‘Solidarity is part of how European society works...’ . But how are we to understand solidarity and what are its implications to government policy? This book ...
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The European Commission has claimed that ‘Solidarity is part of how European society works...’ . But how are we to understand solidarity and what are its implications to government policy? This book addresses the question of what solidarity might mean today and its relevance to the purposes of the European Union and the way it functions. Is solidarity just a slogan or can it have meaningful legal and policy content? Contributions from leading scholars in law, politics, and sociology are brought together in this book to discuss an idea that is coming under fresh scrutiny at a time when the EU's direction following the implementation of the Lisbon Treaty is hotly debated. The book engages with both the content and limitations of solidarity as a concept in political and legal debate, and its application to specific fields such as migration, education, and pension policies. The book provides a provocative analysis of the power and potential of solidarity, applying a sceptical and rigorous assessment of the conditions necessary for it to make a difference to the European political and legal space at a time when traditional manifestations of national solidarity (e.g., in health care) are perceived to be under threat from EU market liberalization policies. A number of chapters consider whether an EU concept of solidarity is possible and how that might affect the balance between market and social priorities for the Union's future.Less
The European Commission has claimed that ‘Solidarity is part of how European society works...’ . But how are we to understand solidarity and what are its implications to government policy? This book addresses the question of what solidarity might mean today and its relevance to the purposes of the European Union and the way it functions. Is solidarity just a slogan or can it have meaningful legal and policy content? Contributions from leading scholars in law, politics, and sociology are brought together in this book to discuss an idea that is coming under fresh scrutiny at a time when the EU's direction following the implementation of the Lisbon Treaty is hotly debated. The book engages with both the content and limitations of solidarity as a concept in political and legal debate, and its application to specific fields such as migration, education, and pension policies. The book provides a provocative analysis of the power and potential of solidarity, applying a sceptical and rigorous assessment of the conditions necessary for it to make a difference to the European political and legal space at a time when traditional manifestations of national solidarity (e.g., in health care) are perceived to be under threat from EU market liberalization policies. A number of chapters consider whether an EU concept of solidarity is possible and how that might affect the balance between market and social priorities for the Union's future.
Phil Syrpis
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199277209
- eISBN:
- 9780191707445
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199277209.003.0006
- Subject:
- Law, EU Law, Employment Law
This concluding chapter summarizes the main findings of the book. It is argued that the Court's case law institutionalizes tensions between the integrationist objectives of the EU and the economic ...
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This concluding chapter summarizes the main findings of the book. It is argued that the Court's case law institutionalizes tensions between the integrationist objectives of the EU and the economic and social objectives of national regulation in the labour law field which need not exist. The interventions of the political institutions appear less hostile to diversity; but they tend systematically to privilege the economic over the social. It is argued that a clear commitment to the social rationale and a reorientation of the Lisbon Strategy to would contribute towards the legitimacy of the European polity.Less
This concluding chapter summarizes the main findings of the book. It is argued that the Court's case law institutionalizes tensions between the integrationist objectives of the EU and the economic and social objectives of national regulation in the labour law field which need not exist. The interventions of the political institutions appear less hostile to diversity; but they tend systematically to privilege the economic over the social. It is argued that a clear commitment to the social rationale and a reorientation of the Lisbon Strategy to would contribute towards the legitimacy of the European polity.
Martin Schöneld
- Published in print:
- 2000
- Published Online:
- May 2006
- ISBN:
- 9780195132182
- eISBN:
- 9780199786336
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195132181.003.0005
- Subject:
- Philosophy, History of Philosophy
This chapter explores Kant’s studies from 1754 to 1757, the application of his dynamic perspectives to fire, tides, the Earth’s rotation, climate, winds, and earthquakes. Section 1 surveys the ...
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This chapter explores Kant’s studies from 1754 to 1757, the application of his dynamic perspectives to fire, tides, the Earth’s rotation, climate, winds, and earthquakes. Section 1 surveys the background of Kant’s efforts in the 1750s, such as how his earthquake papers relate to the Lisbon tsunami (1755), and describes his co-discovery of sea wind patterns and his discovery of the monsoon dynamics. Section 2 examines Kant’s study of the fate of Earth’s rotation (1754) and its correct determination of the dynamic interplay among lunar period, tidal forces, oceanic friction, and the long-term slowdown of Earth’s rotation. Section 3 discusses Kant’s Master’s Thesis (1755), his chemical conjectures on fire, and his attempt to clarify the spatial energy field, the ether. Section 4 examines Kant’s qualitative approach to cosmological questions and his heuristic reliance on analogical reasoning.Less
This chapter explores Kant’s studies from 1754 to 1757, the application of his dynamic perspectives to fire, tides, the Earth’s rotation, climate, winds, and earthquakes. Section 1 surveys the background of Kant’s efforts in the 1750s, such as how his earthquake papers relate to the Lisbon tsunami (1755), and describes his co-discovery of sea wind patterns and his discovery of the monsoon dynamics. Section 2 examines Kant’s study of the fate of Earth’s rotation (1754) and its correct determination of the dynamic interplay among lunar period, tidal forces, oceanic friction, and the long-term slowdown of Earth’s rotation. Section 3 discusses Kant’s Master’s Thesis (1755), his chemical conjectures on fire, and his attempt to clarify the spatial energy field, the ether. Section 4 examines Kant’s qualitative approach to cosmological questions and his heuristic reliance on analogical reasoning.
Daniel Finke, Thomas König, Sven-Oliver Proksch, and George Tsebelis
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691153926
- eISBN:
- 9781400842506
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691153926.001.0001
- Subject:
- Political Science, International Relations and Politics
For decades the European Union tried changing its institutions, but achieved only unsatisfying political compromises and modest, incremental treaty revisions. In late 2009, however, the EU was ...
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For decades the European Union tried changing its institutions, but achieved only unsatisfying political compromises and modest, incremental treaty revisions. In late 2009, however, the EU was successfully reformed through the Treaty of Lisbon. This book examines how political leaders ratified this treaty against all odds and shows how this victory involved all stages of treaty reform negotiations—from the initial proposal to referendums in several European countries. The book emphasizes the strategic role of political leadership and domestic politics, and it uses state-of-the-art methodology, applying a comprehensive data set for actors' reform preferences. The book looks at how political leaders reacted to apparent failures of the process by recreating or changing the rules of the game. While domestic actors played a significant role in the process, their influence over the outcome was limited as leaders ignored negative referendums and plowed ahead with intended reforms. The book's empirical analyses shed light on critical episodes: strategic agenda setting during the European Convention, the choice of ratification instrument, intergovernmental bargaining dynamics, and the reaction of the German Council presidency to the negative referendums in France, the Netherlands, and Ireland.Less
For decades the European Union tried changing its institutions, but achieved only unsatisfying political compromises and modest, incremental treaty revisions. In late 2009, however, the EU was successfully reformed through the Treaty of Lisbon. This book examines how political leaders ratified this treaty against all odds and shows how this victory involved all stages of treaty reform negotiations—from the initial proposal to referendums in several European countries. The book emphasizes the strategic role of political leadership and domestic politics, and it uses state-of-the-art methodology, applying a comprehensive data set for actors' reform preferences. The book looks at how political leaders reacted to apparent failures of the process by recreating or changing the rules of the game. While domestic actors played a significant role in the process, their influence over the outcome was limited as leaders ignored negative referendums and plowed ahead with intended reforms. The book's empirical analyses shed light on critical episodes: strategic agenda setting during the European Convention, the choice of ratification instrument, intergovernmental bargaining dynamics, and the reaction of the German Council presidency to the negative referendums in France, the Netherlands, and Ireland.
Renee Levine Melammed
- Published in print:
- 2004
- Published Online:
- April 2005
- ISBN:
- 9780195170719
- eISBN:
- 9780199835416
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195170717.003.0004
- Subject:
- Religion, Judaism
The small Jewish community of Portugal was rapidly vastly outnumbered by the incoming Spanish exiles who crossed their borders in 1492. In 1497, the king decided not to expel the Jews in his land, ...
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The small Jewish community of Portugal was rapidly vastly outnumbered by the incoming Spanish exiles who crossed their borders in 1492. In 1497, the king decided not to expel the Jews in his land, but rather subjected them all to forced conversions. Following this, anti-converso sentiment was expressed in riots in Lisbon in 1506 and eventually the Portuguese Inquisition was established in 1536 to deal with Judaizing. The conversos in Portugal could choose to remain there, as did many Lisbon bankers who even intermarried with Old Christians, or they could opt for emigration to nearby Spain once it united with Portugal in 1580, or, for that matter, they could go elsewhere. It is during this period that the converso, no matter where he lived, began to identify as a member of the Nation.Less
The small Jewish community of Portugal was rapidly vastly outnumbered by the incoming Spanish exiles who crossed their borders in 1492. In 1497, the king decided not to expel the Jews in his land, but rather subjected them all to forced conversions. Following this, anti-converso sentiment was expressed in riots in Lisbon in 1506 and eventually the Portuguese Inquisition was established in 1536 to deal with Judaizing. The conversos in Portugal could choose to remain there, as did many Lisbon bankers who even intermarried with Old Christians, or they could opt for emigration to nearby Spain once it united with Portugal in 1580, or, for that matter, they could go elsewhere. It is during this period that the converso, no matter where he lived, began to identify as a member of the Nation.
Sara Binzer Hobolt
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199549948
- eISBN:
- 9780191720451
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199549948.003.0005
- Subject:
- Political Science, Comparative Politics, European Union
The purpose of this chapter is to examine how different ‘frames’ influence individual vote choices in referendums. Framing effects occur when people's responses to an issue depend on how it is ...
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The purpose of this chapter is to examine how different ‘frames’ influence individual vote choices in referendums. Framing effects occur when people's responses to an issue depend on how it is portrayed. Since referendums require voters to decide on issues that are often relatively unfamiliar, framing effects are generally very decisive. This chapter relies on survey experiments to examine two types of framing effects in two (hypothetical) referendums on joining the single currency and ratification of the Lisbon Treaty. First, it explores the influence of party endorsements on partisan and non‐partisan voters. Second, it examines the effect of describing different consequences of voting yes or no on vote choices. The findings show that government endorsements have a significant effect on attitudes towards referendum proposal, but that this effect is mediated by partisanship. Consequences frames also have a substantial effect: when negative consequences of the no‐vote are highlighted, people are more likely to favour a yes‐vote, whereas a negative emphasis on the consequences of the ballot proposal leads people to say no.Less
The purpose of this chapter is to examine how different ‘frames’ influence individual vote choices in referendums. Framing effects occur when people's responses to an issue depend on how it is portrayed. Since referendums require voters to decide on issues that are often relatively unfamiliar, framing effects are generally very decisive. This chapter relies on survey experiments to examine two types of framing effects in two (hypothetical) referendums on joining the single currency and ratification of the Lisbon Treaty. First, it explores the influence of party endorsements on partisan and non‐partisan voters. Second, it examines the effect of describing different consequences of voting yes or no on vote choices. The findings show that government endorsements have a significant effect on attitudes towards referendum proposal, but that this effect is mediated by partisanship. Consequences frames also have a substantial effect: when negative consequences of the no‐vote are highlighted, people are more likely to favour a yes‐vote, whereas a negative emphasis on the consequences of the ballot proposal leads people to say no.
Jutta Allmendinger, Christian Ebner, and Rita Nikolai
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195376630
- eISBN:
- 9780199865499
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195376630.003.0014
- Subject:
- Social Work, Social Policy
This chapter discusses how important the EU's involvement in education has been. It outlines Europe's demographic development, the change in labor markets and human resources. The interaction of ...
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This chapter discusses how important the EU's involvement in education has been. It outlines Europe's demographic development, the change in labor markets and human resources. The interaction of these three areas of society points to an enormous need for action. It then discusses how to gauge the level of education in a population, and what absolute and relative measures of educational achievement could look like. It examines the educational policy objectives formulated by the EU, and describes to what extent the European countries have already accomplished them. The chapter discusses two fundamental questions: first, how coherent are the individual goal dimensions of the Lisbon strategy and what can we learn from the degree of their correlation for future empirical research on education? Second, what do the indicators allow us to say about issues of equal opportunity and social exclusion in European countries, and how much diversity is there within Europe in this respect? It concludes with a summary illustrating the analytical potential of the indicators and showing that purportedly simple measures have more to them than first meets the eye.Less
This chapter discusses how important the EU's involvement in education has been. It outlines Europe's demographic development, the change in labor markets and human resources. The interaction of these three areas of society points to an enormous need for action. It then discusses how to gauge the level of education in a population, and what absolute and relative measures of educational achievement could look like. It examines the educational policy objectives formulated by the EU, and describes to what extent the European countries have already accomplished them. The chapter discusses two fundamental questions: first, how coherent are the individual goal dimensions of the Lisbon strategy and what can we learn from the degree of their correlation for future empirical research on education? Second, what do the indicators allow us to say about issues of equal opportunity and social exclusion in European countries, and how much diversity is there within Europe in this respect? It concludes with a summary illustrating the analytical potential of the indicators and showing that purportedly simple measures have more to them than first meets the eye.
Chiara Saraceno
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195376630
- eISBN:
- 9780199865499
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195376630.003.0008
- Subject:
- Social Work, Social Policy
The “European Social Model” (ESM) is similar to the concept of social citizenship developed by T. H. Marshall (1950). Marshall's concept embodied a vision of active as opposed to passive social ...
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The “European Social Model” (ESM) is similar to the concept of social citizenship developed by T. H. Marshall (1950). Marshall's concept embodied a vision of active as opposed to passive social citizenship. The concept also proposed a view of social justice whereby inequality would not disappear, but at the same time would not seriously undermine the life chances of the less privileged. In the Lisbon Agenda, the EU and each individual country stressed the role of the state — and of the supranational EU state — in developing the ESM within the context of the changing world environment and global competition. This chapter first examines whether, midway through the period set for the Lisbon agenda, substantial improvements regarding the incidence of poverty and social exclusion have been made within the EU. Second, through an analysis of national minimum income support measures, it assesses whether there is a common understanding across the EU regarding the right to a minimum of resources. Third, it analyzes the degree to which EU-level policies and interventions serve to promote the development of a common approach in this area.Less
The “European Social Model” (ESM) is similar to the concept of social citizenship developed by T. H. Marshall (1950). Marshall's concept embodied a vision of active as opposed to passive social citizenship. The concept also proposed a view of social justice whereby inequality would not disappear, but at the same time would not seriously undermine the life chances of the less privileged. In the Lisbon Agenda, the EU and each individual country stressed the role of the state — and of the supranational EU state — in developing the ESM within the context of the changing world environment and global competition. This chapter first examines whether, midway through the period set for the Lisbon agenda, substantial improvements regarding the incidence of poverty and social exclusion have been made within the EU. Second, through an analysis of national minimum income support measures, it assesses whether there is a common understanding across the EU regarding the right to a minimum of resources. Third, it analyzes the degree to which EU-level policies and interventions serve to promote the development of a common approach in this area.
Sonja Puntscher Riekmann
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199585007
- eISBN:
- 9780191723469
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199585007.003.0006
- Subject:
- Law, Constitutional and Administrative Law
This chapter first challenges the nexus between constitutionalism and nationhood, arguing that like the nation states, which are also the outcome of integration processes merging regions into states, ...
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This chapter first challenges the nexus between constitutionalism and nationhood, arguing that like the nation states, which are also the outcome of integration processes merging regions into states, the EU must accommodate difference and that until now she does so by veiling constitutionalism. It then argues that the current problems of the Union resulting from the rejection of treaty revisions stem from the citizens' lack of trust in organs of supranational and national representation, and that this wont is fuelled by the colliding systems of representation simultaneously based on supranationalism and on intergovernmentalism. It discusses the citizens' ambivalences regarding their trust in European institutions as they surface in public opinion polls, and interprets them as a misfit of expectations and results of European politics. Finally, it discusses the democratic potential offered by the Treaty of Lisbon to bridge the gap between representatives and represented through a combination of enhanced parliamentarism and citizens' involvement. Despite all the shortcomings and paradoxes created by the IGC, the ‘Treaty of Parliaments’, it is argued that it would indeed mark a significant turn in European constitutionalism.Less
This chapter first challenges the nexus between constitutionalism and nationhood, arguing that like the nation states, which are also the outcome of integration processes merging regions into states, the EU must accommodate difference and that until now she does so by veiling constitutionalism. It then argues that the current problems of the Union resulting from the rejection of treaty revisions stem from the citizens' lack of trust in organs of supranational and national representation, and that this wont is fuelled by the colliding systems of representation simultaneously based on supranationalism and on intergovernmentalism. It discusses the citizens' ambivalences regarding their trust in European institutions as they surface in public opinion polls, and interprets them as a misfit of expectations and results of European politics. Finally, it discusses the democratic potential offered by the Treaty of Lisbon to bridge the gap between representatives and represented through a combination of enhanced parliamentarism and citizens' involvement. Despite all the shortcomings and paradoxes created by the IGC, the ‘Treaty of Parliaments’, it is argued that it would indeed mark a significant turn in European constitutionalism.
Alicia Hinarejos
- Published in print:
- 2009
- Published Online:
- May 2010
- ISBN:
- 9780199569960
- eISBN:
- 9780191721977
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199569960.003.0002
- Subject:
- Law, EU Law
This chapter deals with a primordial aspect of the evolution of the Area of Freedom, Security and Justice (AFSJ): judicial control. It maps out what the present situation is and what the future is ...
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This chapter deals with a primordial aspect of the evolution of the Area of Freedom, Security and Justice (AFSJ): judicial control. It maps out what the present situation is and what the future is likely to be — and should be. The study of judicial control in this area presupposes, however, a previous analysis of the nature of the measures that are produced in it. From an organizational point of view, therefore, the chapter will firstly deal with the current and future legal effects of the measures adopted in the AFSJ. Secondly, the current and future jurisdiction of the Court will be scrutinized, distinguishing between the following aspects: direct and indirect review of measures, policing the borders, infringement proceedings, damages, and action for failure to act. The section on the future jurisdiction of the Court examines the changes envisaged in the Lisbon Treaty. Finally, the last section deals with different ‘cherry-picking’ proposals — put forward by different institutions in the interim between the Constitutional Treaty and the Lisbon Treaty to change the jurisdiction of the Court in this area.Less
This chapter deals with a primordial aspect of the evolution of the Area of Freedom, Security and Justice (AFSJ): judicial control. It maps out what the present situation is and what the future is likely to be — and should be. The study of judicial control in this area presupposes, however, a previous analysis of the nature of the measures that are produced in it. From an organizational point of view, therefore, the chapter will firstly deal with the current and future legal effects of the measures adopted in the AFSJ. Secondly, the current and future jurisdiction of the Court will be scrutinized, distinguishing between the following aspects: direct and indirect review of measures, policing the borders, infringement proceedings, damages, and action for failure to act. The section on the future jurisdiction of the Court examines the changes envisaged in the Lisbon Treaty. Finally, the last section deals with different ‘cherry-picking’ proposals — put forward by different institutions in the interim between the Constitutional Treaty and the Lisbon Treaty to change the jurisdiction of the Court in this area.
Alicia Hinarejos
- Published in print:
- 2009
- Published Online:
- May 2010
- ISBN:
- 9780199569960
- eISBN:
- 9780191721977
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199569960.003.0003
- Subject:
- Law, EU Law
This chapter assesses the role that the Court of Justice is given within Common Foreign and Security Policy (CSFP) in the TEU and in the Lisbon Treaty. Within the current framework, the Court of ...
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This chapter assesses the role that the Court of Justice is given within Common Foreign and Security Policy (CSFP) in the TEU and in the Lisbon Treaty. Within the current framework, the Court of Justice has virtually no jurisdiction in CSFP matters. It has nevertheless exercised control over EC measures that implemented CFSP measures, and over common positions which were adopted both under the second, and the third, pillars. Additionally, the Court has discharged ‘peripheral’ duties such as policing the borders between the second and the first pillars or enforcing the right of access to documents. All of these relatively recent developments reveal a constitutional court striving to play an active role in all areas of the legal system, albeit within the very restricted limits set by the current Treaty. The second part of the chapter focuses on the reform envisaged in the Lisbon Treaty. The last section reflects on the shortcomings of the Court's jurisdiction and the effects this will have on its role as a constitutional court of the Union and on the future of the CFSP itself. It compares the role of the Court of Justice and that of national courts. Finally, it explores the consequences that the Court's limited powers may have for its relationship with national constitutional courts and the European Court of Human Rights.Less
This chapter assesses the role that the Court of Justice is given within Common Foreign and Security Policy (CSFP) in the TEU and in the Lisbon Treaty. Within the current framework, the Court of Justice has virtually no jurisdiction in CSFP matters. It has nevertheless exercised control over EC measures that implemented CFSP measures, and over common positions which were adopted both under the second, and the third, pillars. Additionally, the Court has discharged ‘peripheral’ duties such as policing the borders between the second and the first pillars or enforcing the right of access to documents. All of these relatively recent developments reveal a constitutional court striving to play an active role in all areas of the legal system, albeit within the very restricted limits set by the current Treaty. The second part of the chapter focuses on the reform envisaged in the Lisbon Treaty. The last section reflects on the shortcomings of the Court's jurisdiction and the effects this will have on its role as a constitutional court of the Union and on the future of the CFSP itself. It compares the role of the Court of Justice and that of national courts. Finally, it explores the consequences that the Court's limited powers may have for its relationship with national constitutional courts and the European Court of Human Rights.
Alicia Hinarejos
- Published in print:
- 2009
- Published Online:
- May 2010
- ISBN:
- 9780199569960
- eISBN:
- 9780191721977
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199569960.003.0004
- Subject:
- Law, EU Law
This chapter argues that although it is possible to criticize the Court's role as a constitutional adjudicator — and specially within the post-Lisbon Area of Freedom, Security and Justice (AFSJ), ...
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This chapter argues that although it is possible to criticize the Court's role as a constitutional adjudicator — and specially within the post-Lisbon Area of Freedom, Security and Justice (AFSJ), where the national choices that will be struck down will often be of a sensitive nature — it is still the case that a federal incomplete bargain such as the Treaties necessitates such an institution to enforce it. It has been pointed out as a common pattern that the constitutional courts of young federal systems tend to favour the centre, rather than the states: this is because the centre is necessarily weaker in the initial stages, and a reshuffle of power is necessary to enforce the federal bargain. Equally, it is likely that the Court will engage in this sort of ‘centre-building’ exercise within the AFSJ if it acquires full powers as envisaged in the Lisbon Treaty. Yet this seems an unavoidable consequence of the bargain that the Member States have entered into: although it may be justified to criticize the Court for the way in which it chooses to carry out its role in particular instances, the position of the Court as a constitutional adjudicator seems a necessary precondition for the functioning of the — admittedly flawed — system, at least at its present stage.Less
This chapter argues that although it is possible to criticize the Court's role as a constitutional adjudicator — and specially within the post-Lisbon Area of Freedom, Security and Justice (AFSJ), where the national choices that will be struck down will often be of a sensitive nature — it is still the case that a federal incomplete bargain such as the Treaties necessitates such an institution to enforce it. It has been pointed out as a common pattern that the constitutional courts of young federal systems tend to favour the centre, rather than the states: this is because the centre is necessarily weaker in the initial stages, and a reshuffle of power is necessary to enforce the federal bargain. Equally, it is likely that the Court will engage in this sort of ‘centre-building’ exercise within the AFSJ if it acquires full powers as envisaged in the Lisbon Treaty. Yet this seems an unavoidable consequence of the bargain that the Member States have entered into: although it may be justified to criticize the Court for the way in which it chooses to carry out its role in particular instances, the position of the Court as a constitutional adjudicator seems a necessary precondition for the functioning of the — admittedly flawed — system, at least at its present stage.
Robin R. Churchill and Daniel Owen
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199275847
- eISBN:
- 9780191706080
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199275847.003.0002
- Subject:
- Law, EU Law, Environmental and Energy Law
This chapter addresses the scope of the Common Fisheries Policy (CFP) from three angles. After a brief introduction, it looks at the species and products covered by the CFP, known as the ‘material ...
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This chapter addresses the scope of the Common Fisheries Policy (CFP) from three angles. After a brief introduction, it looks at the species and products covered by the CFP, known as the ‘material scope’. Then it considers the CFP's geographical scope, i.e., the land and maritime areas to which the CFP applies. Thirdly, it addresses the ‘personal scope’ of the CFP, meaning the various entities to which the CFP applies. Although the chapter focuses on the EC Treaty, it also considers the potential effects of the Treaty of Lisbon on the CFP's material and geographical scope.Less
This chapter addresses the scope of the Common Fisheries Policy (CFP) from three angles. After a brief introduction, it looks at the species and products covered by the CFP, known as the ‘material scope’. Then it considers the CFP's geographical scope, i.e., the land and maritime areas to which the CFP applies. Thirdly, it addresses the ‘personal scope’ of the CFP, meaning the various entities to which the CFP applies. Although the chapter focuses on the EC Treaty, it also considers the potential effects of the Treaty of Lisbon on the CFP's material and geographical scope.
Christina Eckes
- Published in print:
- 2009
- Published Online:
- May 2010
- ISBN:
- 9780199573769
- eISBN:
- 9780191722158
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199573769.003.0002
- Subject:
- Law, Human Rights and Immigration, EU Law
This chapter analyzes the competences of the Community and the European Union (EU) to adopt sanctions against individuals. It argues that, de lege lata, neither the EU nor the Community have the ...
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This chapter analyzes the competences of the Community and the European Union (EU) to adopt sanctions against individuals. It argues that, de lege lata, neither the EU nor the Community have the competence to adopt sanctions against private individuals. If, however, such measures were to be adopted within the EU, certain parts of the procedure, such as identifying those that will be targeted with sanctions, would have to take place under the first pillar (Community law). The structure of the chapter is as follows. Section 1 focuses on the competences of the Community to adopt individual sanctions. Section 2 focuses on the two Union pillars (Common Foreign and Security Policy (CFSP) and Police and Judicial Cooperation in Criminal Matters (PJCC)). Section 3 analyses how the current way of adopting individual sanctions threatens the competence distribution between the three pillars of the EU (horizontal division), while Section 4 looks into the power balance between the EU and its Member States (vertical division). Section 5 addresses the changes under the Lisbon Treaty and discusses to what extent the existing problems are resolved by the new provisions.Less
This chapter analyzes the competences of the Community and the European Union (EU) to adopt sanctions against individuals. It argues that, de lege lata, neither the EU nor the Community have the competence to adopt sanctions against private individuals. If, however, such measures were to be adopted within the EU, certain parts of the procedure, such as identifying those that will be targeted with sanctions, would have to take place under the first pillar (Community law). The structure of the chapter is as follows. Section 1 focuses on the competences of the Community to adopt individual sanctions. Section 2 focuses on the two Union pillars (Common Foreign and Security Policy (CFSP) and Police and Judicial Cooperation in Criminal Matters (PJCC)). Section 3 analyses how the current way of adopting individual sanctions threatens the competence distribution between the three pillars of the EU (horizontal division), while Section 4 looks into the power balance between the EU and its Member States (vertical division). Section 5 addresses the changes under the Lisbon Treaty and discusses to what extent the existing problems are resolved by the new provisions.
Alison Games
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780195335545
- eISBN:
- 9780199869039
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195335545.003.0004
- Subject:
- History, British and Irish Early Modern History
This chapter focuses on English merchants and some of the major venues where they plied their trades. It looks at the diverse experiences of newcomers and old hands, at hiring practices, and at the ...
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This chapter focuses on English merchants and some of the major venues where they plied their trades. It looks at the diverse experiences of newcomers and old hands, at hiring practices, and at the different strategies merchants employed in trading settlements in order to emphasize the personal skills and the improvisation and adaptability central to overseas trade in this period. Trading worlds in the Ottoman Empire, Lisbon, and Japan are examined to highlight the unique challenges Protestant English traders faced in those places closest to home, such as Lisbon, while the worlds of the east that later came to be seen as alien and exotic often offered more security and comfort.Less
This chapter focuses on English merchants and some of the major venues where they plied their trades. It looks at the diverse experiences of newcomers and old hands, at hiring practices, and at the different strategies merchants employed in trading settlements in order to emphasize the personal skills and the improvisation and adaptability central to overseas trade in this period. Trading worlds in the Ottoman Empire, Lisbon, and Japan are examined to highlight the unique challenges Protestant English traders faced in those places closest to home, such as Lisbon, while the worlds of the east that later came to be seen as alien and exotic often offered more security and comfort.
Marion Kaplan
- Published in print:
- 2020
- Published Online:
- May 2020
- ISBN:
- 9780300244250
- eISBN:
- 9780300249507
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300244250.001.0001
- Subject:
- History, European Modern History
This book describes the experience of Jewish refugees as they fled Hitler to live in limbo in Portugal until they could reach safer havens abroad. As the Nazis launched the Holocaust, Lisbon emerged ...
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This book describes the experience of Jewish refugees as they fled Hitler to live in limbo in Portugal until they could reach safer havens abroad. As the Nazis launched the Holocaust, Lisbon emerged as the best way station for Jews to escape Europe for North and South America. Jewish refugees had begun fleeing the continent in the mid-1930s from ports closer to home. But after Germany defeated Belgium, the Netherlands, Luxembourg, and France, and Italy joined the war, all in the spring of 1940, Lisbon became the port of departure from Europe. Jewish refugees from western and eastern Europe aimed for Portugal. An emotional history of fleeing, the book probes how specific locations touched refugees' inner lives, including the borders they nervously crossed or the overcrowded transatlantic ships that signaled their liberation.Less
This book describes the experience of Jewish refugees as they fled Hitler to live in limbo in Portugal until they could reach safer havens abroad. As the Nazis launched the Holocaust, Lisbon emerged as the best way station for Jews to escape Europe for North and South America. Jewish refugees had begun fleeing the continent in the mid-1930s from ports closer to home. But after Germany defeated Belgium, the Netherlands, Luxembourg, and France, and Italy joined the war, all in the spring of 1940, Lisbon became the port of departure from Europe. Jewish refugees from western and eastern Europe aimed for Portugal. An emotional history of fleeing, the book probes how specific locations touched refugees' inner lives, including the borders they nervously crossed or the overcrowded transatlantic ships that signaled their liberation.
Paul Craig
- Published in print:
- 2010
- Published Online:
- September 2011
- ISBN:
- 9780199595013
- eISBN:
- 9780191729508
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199595013.001.0001
- Subject:
- Law, EU Law
The Lisbon Treaty reformed the foundations of the European Union and marked the culmination of a process of Treaty reform that began after the Treaty of Nice and spanned almost a decade. This book ...
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The Lisbon Treaty reformed the foundations of the European Union and marked the culmination of a process of Treaty reform that began after the Treaty of Nice and spanned almost a decade. This book addresses the main innovations made by the new Treaty, examining its legal and political consequences in a reformed EU. The book is organized thematically around the principal issues that occupied those engaged in the reforms over the last decade. The chapters include analysis of the reform process itself and the political forces that shaped the relevant provisions of the Lisbon Treaty. The book contains detailed analysis of the relevant legal changes made by the Lisbon Treaty on each topic covered. This legal analysis is informed by broader literature from related disciplines, such as political science and international relations, since it is only by doing so that it is possible fully to understand the legal implications of the new provisions dealing with issues such as the inter-institutional division of power within the EU, the distribution of competence, the hierarchy of legal acts, and the Charter of Rights. The book addresses the political and legal implications of the Treaty provisions, and the discussion is set against the background of the pre-existing legal and political regime, aiding a full understanding of the effect of the new rules contained in the Lisbon Treaty.Less
The Lisbon Treaty reformed the foundations of the European Union and marked the culmination of a process of Treaty reform that began after the Treaty of Nice and spanned almost a decade. This book addresses the main innovations made by the new Treaty, examining its legal and political consequences in a reformed EU. The book is organized thematically around the principal issues that occupied those engaged in the reforms over the last decade. The chapters include analysis of the reform process itself and the political forces that shaped the relevant provisions of the Lisbon Treaty. The book contains detailed analysis of the relevant legal changes made by the Lisbon Treaty on each topic covered. This legal analysis is informed by broader literature from related disciplines, such as political science and international relations, since it is only by doing so that it is possible fully to understand the legal implications of the new provisions dealing with issues such as the inter-institutional division of power within the EU, the distribution of competence, the hierarchy of legal acts, and the Charter of Rights. The book addresses the political and legal implications of the Treaty provisions, and the discussion is set against the background of the pre-existing legal and political regime, aiding a full understanding of the effect of the new rules contained in the Lisbon Treaty.
Dermot Hodson
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199572502
- eISBN:
- 9780191728860
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572502.003.0002
- Subject:
- Political Science, Political Economy, European Union
This chapter explores the European Central Bank’s (ECB) evolution as a political actor from a rational choice institutionalist perspective. It takes issue with claims that the Bank shares the same ...
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This chapter explores the European Central Bank’s (ECB) evolution as a political actor from a rational choice institutionalist perspective. It takes issue with claims that the Bank shares the same preferences for ever closer union as the traditional engines of European integration. Presenting case studies of ECB policy on the European anti-fraud agency (OLAF), the Constitutional Treaty, the Lisbon Treaty, economic policy coordination, and financial supervision, it shows that the Bank has, in many cases, resisted attempts to enhance the Community dimension of Economic and Monetary Union. This conclusion challenges the idea that supranational institutions are hardwired to support the European project and raises questions about whether this tendency might apply to other European Union institutions and agencies.Less
This chapter explores the European Central Bank’s (ECB) evolution as a political actor from a rational choice institutionalist perspective. It takes issue with claims that the Bank shares the same preferences for ever closer union as the traditional engines of European integration. Presenting case studies of ECB policy on the European anti-fraud agency (OLAF), the Constitutional Treaty, the Lisbon Treaty, economic policy coordination, and financial supervision, it shows that the Bank has, in many cases, resisted attempts to enhance the Community dimension of Economic and Monetary Union. This conclusion challenges the idea that supranational institutions are hardwired to support the European project and raises questions about whether this tendency might apply to other European Union institutions and agencies.
Malcolm Ross
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199583188
- eISBN:
- 9780191594502
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199583188.003.0002
- Subject:
- Law, Constitutional and Administrative Law, EU Law
This chapter's aim is to embrace and harness a number of interdisciplinary insights to model the creation, expression, and sustainability of solidarity as a virtuous circle. This model is then used ...
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This chapter's aim is to embrace and harness a number of interdisciplinary insights to model the creation, expression, and sustainability of solidarity as a virtuous circle. This model is then used to explain solidarity's pervasiveness and constitutional significance in EU law by reference to both existing usages (primarily developed in the case law of the Court of Justice) and the changes introduced by the Lisbon Treaty 2007. It is argued that solidarity possesses considerable potential as a transformative concept in developing a commitment to social justice as part of a revitalised and cosmopolitan EU. As a concept, it holds significant power alongside, in relation to or in competition with, other key discourses currently being adopted to analyze the evolving structures and character of the EU. Manifestations of the notion are already embedded in the acquis of EU law and, moreover, the Lisbon Treaty confirms the centrality of solidarity in the EU's future constitutional arrangements.Less
This chapter's aim is to embrace and harness a number of interdisciplinary insights to model the creation, expression, and sustainability of solidarity as a virtuous circle. This model is then used to explain solidarity's pervasiveness and constitutional significance in EU law by reference to both existing usages (primarily developed in the case law of the Court of Justice) and the changes introduced by the Lisbon Treaty 2007. It is argued that solidarity possesses considerable potential as a transformative concept in developing a commitment to social justice as part of a revitalised and cosmopolitan EU. As a concept, it holds significant power alongside, in relation to or in competition with, other key discourses currently being adopted to analyze the evolving structures and character of the EU. Manifestations of the notion are already embedded in the acquis of EU law and, moreover, the Lisbon Treaty confirms the centrality of solidarity in the EU's future constitutional arrangements.
