Constitutional Acceleration within the European Union and Beyond

Author: Paul Blokker
Publisher: Routledge
ISBN: 1315453630
Format: PDF, ePub, Docs
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Modern constitutionalism as an idea and practice is facing great uncertainty in current times. Scholarly debates focus predominantly on constitutions beyond the state, while the predicament of domestic constitutionalism is much less considered. This volume contributes to a theoretically informed analysis of the key challenges and changes affecting domestic constitutionalism in Europe and beyond, departing from the idea of ‘constitutional acceleration’ or the increased propensity of different actors to engage in (formal) reform of the constitutional order. The volume points to a fundamental change in the function of constitutions in that constitutions themselves are increasingly subjects of political contestation rather than framing political debates. The collection of essays addresses a range of critical challenges – including societal acceleration, depoliticization, civic engagement, multi-faceted constituent power, modernization, populism and nationalism, and transnationalization. The volume includes a variety of disciplinary, and in some cases interdisciplinary, approaches, including (political) sociology, political science, constitutional law, and constitutional and legal theory, and will be of interest to researchers and students in any of these areas. Case studies focus on the EU and the wider European context, and include highly relevant but little known or ill-understood cases, such as the recent constitutional events in Iceland, Italy, or Romania, and cases of democratic reversal, such as Hungary, while also engaging with traditional but rapidly changing cases of constitutional interest, such as the UK.

Constitutional Pluralism in the European Union and Beyond

Author: Matej Avbelj
Publisher: Bloomsbury Publishing
ISBN: 1847318924
Format: PDF, ePub, Mobi
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Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state borders - most importantly in the process of European integration, but also beyond that, for example, in international regulatory regimes such as the WTO, or international systems of fundamental rights protection, such as the European Convention. At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism. The critiques have come from both sides: from those who believe in the 'traditional' European constitutionalism based on a hierarchically superior authority of the European Union as well as from scholars focusing on constitutions of particular states. The book collects contributions taking opposing perspectives on constitutional pluralism - some defending and promoting the concept of constitutional pluralism, some criticising and opposing it. While some authors can be called 'the founding fathers of constitutional pluralism', others are young academics who have recently entered the field. Together they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism, enriching our existing understanding of the concept in current scholarship.

Sociological Constitutionalism

Author: Paul Blokker
Publisher: Cambridge University Press
ISBN: 1107124042
Format: PDF, ePub, Mobi
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This landmark book provides the first systematic overview of the key scholarly contributions in an emerging field of research on constitutionalism: the sociology of constitutions. It presents chapters offering very different normative and methodological approaches to constitutions, ranging from analysis of national constitutional law, to research on transnational legal forms, to discussions of the constitutional impact of international human rights law. The book makes an important contribution to a series of wider debates - spanning constitutional law, legal theory, comparative constitutionalism, sociology, and political science - about the changing nature of constitutionalism. Researchers and students in constitutional law will gain a comprehensive appreciation of a diverse range of distinctively sociological approaches to constitutional law and an in-depth understanding of distinctive sociological dimensions of constitutions. The book offers new insights into the sources of constitutional normativity in society and it proposes different sociological methods for addressing them.

Constitutional Patriotism

Author: Jan-Werner Müller
Publisher: Princeton University Press
ISBN: 9781400828081
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Constitutional Patriotism offers a new theory of citizenship and civic allegiance for today's culturally diverse liberal democracies. Rejecting conventional accounts of liberal nationalism and cosmopolitanism, Jan-Werner Müller argues for a form of political belonging centered on universalist norms, adapted for specific constitutional cultures. At the same time, he presents a novel approach to thinking about political belonging and the preconditions of democratic legitimacy beyond the nation-state. The book takes the development of the European Union as a case study, but its lessons apply also to the United States and other parts of the world. Müller's essay starts with an engaging historical account of the origins and spread of the concept of constitutional patriotism-the idea that political attachment ought to center on the norms and values of a liberal democratic constitution rather than a national culture or the "global human community." In a more analytical part, he then proposes a critical conception of citizenship that makes room for dissent and civil disobedience while taking seriously a polity's need for stability over time. Müller's theory of constitutional patriotism responds to the challenges of the de facto multiculturalism of today's states--with a number of concrete policy implications about immigration and the preconditions for citizenship clearly spelled out. And it asks what civic empowerment could mean in a globalizing world.

Integration Without Membership

Author: Marius Vahl
Publisher: CEPS
ISBN: 9290796162
Format: PDF, ePub, Docs
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Although it is one of very few countries in Europe that has chosen to remain outside the EU, Switzerland is closely integrated with the Union. Two sets of recently negotiated bilateral sectoral agreements provide further integration. This study analyzes the functioning of the bilateral agreements between Switzerland and the EU, focusing on the agreements that entered into force in 2002. Particular attention is paid to the institutional arrangements and their ability to adapt to new legal and political developments in the EU, the impact on the functioning of Swiss democracy, and how the Swiss political system affects the implementation of the agreements. Comparison is also made with the experiences of the European Economic Area, the only arrangement for integration without membership that is more extensive than the Swiss model. The study concludes with an assessment of the prospects for EU-Swiss relations.

Understanding the European Constitution

Author: Clive H. Church
Publisher: Routledge
ISBN: 113422768X
Format: PDF, ePub, Docs
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The European Union is now entering a crucial phase as the ratification process accelerates and key debates and referenda take place in existing and potentially new member states. The Union’s Constitutional treaty is often cast as either a blueprint for a centralized and protectionist super-state or as the triumph of Anglo-Saxon economics. Yet it has been little read, particularly in the United Kingdom. This book puts this right by publishing the full text of the crucial first part of the document and showing that it does not justify either of the extreme interpretations imposed on it. Written by two experts of the treaties, Understanding the European Constitution sets the Constitutional Treaty in context, examining its main themes and content and considering the implications of any rejection. It does this in uncomplicated language and with the help of explanatory tables and a glossary. Those who wish to make a considered verdict on the basis of the facts will find it invaluable.

Democratizing Central and Eastern Europe

Author: Luca Tomini
Publisher: Routledge
ISBN: 1317566750
Format: PDF, ePub, Docs
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At first, it was believed that accession to the EU would have a positive effect on the process of democratization in former communist countries. However, over time it became clear that difficulties with the democratic system endured in a number of these countries. This book reconsiders the results of the process of democratization in Central and Eastern Europe and evaluates the nature and effectiveness of the Europeanization process. It comparatively explores the process of democratic consolidation and accession to the European Union in Poland, Slovakia and Bulgaria. Using these case studies, the book assesses the impact of the EU on the accountability and integrity of governments in this part of Europe. This text will be of key interest to scholars and students of democratization studies, European studies, EU studies, transition studies, area studies, and international relations.

The European Health Report 2015

Author: Who Regional Office for Europe
Publisher:
ISBN: 9789289014304
Format: PDF, Mobi
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The European health report is a flagship publication, published every three years. The 2012 report set the baseline for monitoring progress towards the six targets of the European policy framework, Health 2020. The 2015 report presents the progress made since the baseline. An assessment of the available data on all the targets reveals that the European Region is on track, but much potential remains for further health gains and reductions in inequalities. The 2015 report gives an update on the challenges in measuring and reporting on progress towards Health 2020, particularly in measuring well-being, and proposes new sources of qualitative evidence to describe and monitor well-being. Facts and figures are not enough to report meaningfully on what it means to be healthy and well in Europe. The 2015 European health report argues that new forms of evidence are necessary to fully capture this. Stronger international collaboration is required to advance the agenda for health-information research and development in the Region.

Insurance Regulation in the European Union

Author: Pierpaolo Marano
Publisher: Springer
ISBN: 3319612166
Format: PDF
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This book explores the profound transformation that has taken place in European insurance legislation since January 2016. Expert contributions discuss the changes that have taken place in the supervision of insurance and reinsurance undertakings through an economic risk-based approach. They outline the European insurance market before going on to show how Solvency II and Insurance Distribution Directive (IDD) are expected to generate significant benefits and have a positive impact on all parties involved in the insurance industry, the supervisory authorities and the insured. They also show how Solvency II is likely to benefit the economy as a whole, promoting more efficient allocation of capital and risk in a financial stability framework. This volume will be of interest to academics and researchers in the field of insurance regulation.

Conditions of European Solidarity What holds Europe together

Author: Krzysztof Michalski
Publisher: Central European University Press
ISBN: 9789637326479
Format: PDF, Docs
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The book addresses contemporary developments in European identity politics as part of a larger historical trajectory of a common European identity based on the idea of 'solidarity.' The authors explain the special sense in which Europeans perceive their obligations to their less fortunate compatriots, to the new East European members, and to the world at large. An understanding of this notion of 'solidarity' is critical to understanding the specific European commitment to social justice and equality. The specificity of this term helps to distinguish between what the Germans call "social state" from the Anglo-Saxon, and particularly American, political and social system focused on capitalism and economic liberalism. This collection is the result of the work of an extremely distinguished group of scholars and politicians, invited by the previous President of the European Union, Romano Prodi, to reflect on some of the most important subjects affecting the future of Europe.