Secession And European Union Law

Author : N?ria Gonz?lez Campa??
Publisher : Oxford University Press
ISBN 13 : 0198882610
Total Pages : 420 pages
Book Rating : 4.19/5 ( download)

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Download or read book Secession and European Union Law written by N?ria Gonz?lez Campa?? and published by Oxford University Press. This book was released on 2024-05-23 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Secession is a live issue in today's Western Europe. In the last decade, we have witnessed the consolidation of pro-independence movements in Scotland and Catalonia and in the near future, we might see their re-emergence or the rise of other pro-secession movements in other European regions. The response of the EU institutions to secession within EU Member States may well be based mainly on political considerations. However, since the EU is a community based on the rule of law, it has also to justify its position with normative arguments of principle. Secession and European Union Law provides such normative support, drawing on a pluralist reading of the relation between EU law and national law, to support the conclusion that EU law should respect domestic constitutional orders. This book studies secession within EU Member States through legal methodology: the theoretical-doctrinal analysis of concepts and institutions, considering the evolving reality and case law. The legal approach has three dimensions, given the three different legal orders that interact at the EU level: international law, EU law and national constitutional law. Based on Article 4 (2) TEU, the central claim of this book is that the EU duty to respect national identity and fundamental constitutional structures generate obligations to respect Member States' constitutional orders, provided that the values enshrined in the Article are not violated by the Member State affected. Topical and original, Secession and European Union Law reviews and rethinks key features of the EU and the EU legal order.

Author : Carlos Closa
Publisher : Cambridge University Press
ISBN 13 : 1107172195
Total Pages : 325 pages
Book Rating : 4.97/5 ( download)

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Download or read book Secession from a Member State and Withdrawal from the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2017-09-07 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to jointly analyse withdrawal of a member state from the EU (i.e. Brexit) and territorial secession.

Author : NURIA. GONZALEZ CAMPANA
Publisher :
ISBN 13 : 9780198882596
Total Pages : 0 pages
Book Rating : 4.99/5 ( download)

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Download or read book Secession and European Union Law written by NURIA. GONZALEZ CAMPANA and published by . This book was released on 2024-08-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Secession and European Union Law draws on a pluralist reading of the relationship between EU law and national law, to support the conclusion that EU law should respect domestic constitutional orders in the context of secession.

Author :
Publisher : BRILL
ISBN 13 : 9004499105
Total Pages : 288 pages
Book Rating : 4.02/5 ( download)

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Download or read book Unrecognized Entities written by and published by BRILL. This book was released on 2021-12-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book comprehensively discusses legal and political issues of non-recognized entities in the context of international and European Law, combining perspectives of international and European law with those of the non-recognized entities themselves.

Author : Manolis Perakis
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527534154
Total Pages : 221 pages
Book Rating : 4.55/5 ( download)

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Download or read book Exiting the European Union written by Manolis Perakis and published by Cambridge Scholars Publishing. This book was released on 2019-05-03 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, for the first time in the history of the EU, political and legal scholarship has focused on routes that could lead to the exit of a Member State from the European Union. This book provides a detailed discussion of the legal prerequisites, process and specific issues arising from a Member State’s exit from the EU. This may take the form of a voluntary withdrawal under Article 50 TEU, such as in the case of “Brexit”, or from the Eurozone, as was discussed in the case of Greece. However, it could also occur in the form of a “forced” exit, including expulsion due to an infringement of fundamental rules, or secession—the most relevant example at present being Catalonia. Legal scholars, practitioners and students, as well as political scientists and anyone interested in what the future holds for European integration, will find this book particularly relevant.

Author : Τάκης Τριδίμας
Publisher : Hart Publishing
ISBN 13 : 1841134600
Total Pages : 448 pages
Book Rating : 4.04/5 ( download)

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Download or read book European Union Law for the Twenty-First Century: Volume 2 written by Τάκης Τριδίμας and published by Hart Publishing. This book was released on 2004-10 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the state of EU law fifty years after the Communities were established, contributing to the debate on the European Constitution.

Author : Giacomo Delledonne
Publisher : Springer
ISBN 13 : 3030034690
Total Pages : 286 pages
Book Rating : 4.96/5 ( download)

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Download or read book The Canadian Contribution to a Comparative Law of Secession written by Giacomo Delledonne and published by Springer. This book was released on 2018-12-11 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens withtwo Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one ofthe most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss theimpact of this reference abroad, reflecting upon its influence in European and non-European contexts (Spain,Scotland, the EU after Brexit, Eastern European Countries, Ethiopia, and Asia). Two final chapters, one by a lawyerand one by a political scientist, explore the democratic theory behind that reference.

Author : Carlos Closa
Publisher : Routledge
ISBN 13 : 0429626800
Total Pages : 178 pages
Book Rating : 4.07/5 ( download)

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Download or read book Between Democracy and Law written by Carlos Closa and published by Routledge. This book was released on 2019-09-30 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume purports to explore the legal and political issues triggered by the new wave of secessionism. More specifically, those issues concern the interplay between notions of democracy (and democratic ends and means) and law (and the rule of law and constitutionalism). Against this background, the editors use amorality in order to escape the terrain of the justification of secession by making a distinction between the democratic theory of secession and the theory of democratic secession. In the first section, the theoretical nexus democracy-secession has been approached both from a legal and political theory perspective. The second section of the book examines the instruments that the theory of democratic secession invokes in order to justify secession and presents both legal and political science contributions. The third section focuses on social movements and political actors. The fourth section focuses on two case studies due to the awareness of the importance of the difference between secession in a democratic occidental context (which call into play the discussion of the democratic theories) and separations in a non-democratic context (where the nexus between secession and democracy is not really central).

Author : David A. O. Edward
Publisher : Edward Elgar Publishing
ISBN 13 : 0857931059
Total Pages : 1201 pages
Book Rating : 4.54/5 ( download)

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Download or read book Edward and Lane on European Union Law written by David A. O. Edward and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 1201 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Faced with the challenge of studying EU law, students and other interested parties need guidance and accessible materials. Despite the ground clearing of the Lisbon Treaty, the terrain is still not properly mapped. Edward and Lane's completely rewritten book provides just what's needed. Clear, comprehensible and comprehensive, it will be an important port of call for anyone trying to figure out key aspects of the EU's ever burgeoning legal order.' - Jo Shaw, University of Edinburgh, UK A comprehensively updated and expanded new edition of a classic text, this authoritative volume provides expert analysis on the key issues across all areas of European Union law - including its constitutional, procedural and substantive aspects. Importantly, the book incorporates the Treaty of Lisbon reorientation and immediate post-Lisbon developments. Throughout the book there is extensive reference to primary sources (Treaty, legislation, case law) and to issues of national adaptation which, together, bring a depth of understanding and analysis to this increasingly complex discipline.

Author : Paul Gragl
Publisher : Bloomsbury Publishing
ISBN 13 : 1782251642
Total Pages : 593 pages
Book Rating : 4.44/5 ( download)

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Download or read book The Accession of the European Union to the European Convention on Human Rights written by Paul Gragl and published by Bloomsbury Publishing. This book was released on 2014-10-01 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: After more than 30 years of discussion, negotiations between the Council of Europe and the European Union on the EU's accession to the European Convention on Human Rights have resulted in a Draft Accession Agreement. This will allow the EU to accede to the Convention within the next couple of years. As a consequence, the Union will become subject to the external judicial supervision of an international treaty regime. Individuals will also be entitled to submit applications against the Union, alleging that their fundamental rights have been violated by legal acts rooted in EU law, directly to the Strasbourg Court. As the first comprehensive monograph on this topic, this book examines the concerns for the EU's legal system in relation to accession and the question of whether and how accession and the system of human rights protection under the Convention can be effectively reconciled with the autonomy of EU law. It also takes into account how this objective can be attained without jeopardising the current system of individual human rights protection under the Convention. The main chapters deal with the legal status and rank of the Convention and the Accession Agreement within Union law after accession; the external review of EU law by Strasbourg and the potential subordination of the Luxembourg Court; the future of individual applications and the so-called co-respondent mechanism; the legal arrangement of inter-party cases after accession and the presumable clash of jurisdictions between Strasbourg and Luxembourg; and the interplay between the Convention's subsidiarity principle (the exhaustion of local remedies) and the prior involvement of the Luxembourg Court in EU-related cases. The analysis presented in this book comes at a crucial point in the history of European human rights law, offering a holistic and detailed enquiry into the EU's accession to the ECHR and how this move can be reconciled with the autonomy of EU law.