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An Introduction to the EU Legal Order
Carefully structured and supported with a wealth of examples, Elise Muir provides a clear, concise introduction to the EU legal order. Drawing upon her years of teaching experience, Muir outlines the history of the EU, its key actors, modes of action and its daily relevance. Offering students and instructors an up-to-date textbook, Muir pays attention to the latest developments, including the impacts of Brexit and the Covid-19 crisis. Written for students from a range of disciplines and levels of study, this book explains how the EU legal order works. Muir illuminates the complex and technical areas of EU institutional law through explanatory illustrations, schemes, and textboxes. With this engaging and accessible resource, students will be well-equipped to understand the fundamentals and functioning of the EU legal order.
Reflexive Governance in EU Equality Law
This title explores the reality of equality and non-discrimination within the EU. It includes case studies from the two main directives in relation to equality laws and shows how they have been implemented. This book also identifies indicators that facilitate compliance monitoring among Member States and candidate countries.
Critical Reflections on Constitutional Democracy in the European Union
This book takes a wide-ranging approach to tackle the complex question of the current state of constitutional democracy in the EU. It brings together a broad set of academics and practitioners with legal and political perspectives to focus on both topical and perennial issues concerning constitutional democracy (including safeguarding the rule of law and respect for fundamental rights) in theory and practice, primarily at EU level but also with due regard to national and global developments. This approach underlines that rather than a single problématique to be analysed and resolved, we are presently facing a kaleidoscopic spectrum of related challenges that influence each other in elusive,...
The Principle of Equality in EU Law
This book provides a comprehensive and updated legal analysis of the equality principle in EU law. To this end, it argues for a broad definition of the principle, which includes not only its inter-individual dimension, but also the equality of the Member States before the EU Treaties. The book presents a collection of high-quality academic and expert contributions, which, in light of the most recent developments in implementing the post-Lisbon legal framework, reflect the current interpretation of the equality principle, examining its performance in practice with a view to suggesting possible solutions in order to overcome recurring problems. To this end the volume is divided into three Parts, the first of which addresses a peculiar aspect of the EU equality that is mostly overlooked in the investigations devoted to this topic, namely, equality among States. Part II shifts to the inter-individual dimension of equality and explores some major developments contributing to (re)shaping the global framework of EU anti-discrimination law, while Part III undertakes a more practical investigation devoted to the substantive strands of that area of EU law.
EU Equality Law
The European Union is a supranational organisation with a set of circumscribed powers. Although these powers do not include an all-encompassing fundamental rights' mandate, today's existential challenges - from economic to refugee crisis, via concerns for compliance with the rule of law in some of its Member States - increase the pressure on the EU to develop tools for protection and promotion of such rights. One way of addressing the tension between the lack of a general mandate and vivid calls for protection is for the EU to focus on selected fundamental rights which it has competence to regulate. One such example is EU law on the fundamental right to equal treatment that has blossomed since the late 1990s. In developing selected fundamental right policies that can be imposed on domestic actors, as EU law does, supranational intervention needs to be carefully tailored to the plural landscape where they are intended to flourish. This monograph calls for a nuanced use of the infrastructure of EU law to convey shared values at domestic level across Europe.
Research Handbook on European Anti-Discrimination Law
This Research Handbook provides a comprehensive overview of European anti-discrimination law, outlining developments in EU, ECHR, international and national law. It engages in critical assessment of both legal doctrine and social impact, analysing emerging trends in anti-discrimination legislation. It also explores the effectiveness of civil enforcement measures, as well as exploring case law relating to environmental discrimination and economic inequalities.
Civil Rights and EU Citizenship
The process of European integration has had a marked influence on the nature and meaning of citizenship in national and post-national contexts as well as on the definition and exercise of civil rights across Member States. This original edited collection brings together insights from EU law, human rights and comparative constitutional law to address this underexplored nexus. Split into two distinct thematic parts, it first evaluates relevant frameworks of civil rights protection, with special attention on enforcement mechanisms and the role of civil society organisations. Next, it engages extensively with a series of individual rights connected to EU citizenship. Comprising detailed studies ...
Activating Human and Fundamental Rights Before the European Courts
This open access book adds a new dimension to the long-standing research on the co-existence of European Court of Human Rights and the Court of Justice of the EU, and their inter-related action and explicit interaction. As the two Courts are increasingly called upon to interpret corresponding rights, particularly owing to the ever-growing importance of fundamental rights in the EU legal order, the stakes intensify. Prior studies have mostly focused on the constitutional and substantive issues connected to this interaction. This book focuses on another dimension: the lesser-told yet fascinating tale of two – increasingly substantively overlapping – European-level judicial systems with the...
Gendering the Nation
Too often seen as a ghost from the past, nationalism has resurfaced as a major factor in European politics and culture. A powerful commitment to national autonomy has marked Scottish writing throughout the twentieth century. How has the emergence of new voices from feminist, gay and lesbian critics transformed that commitment? How critical and pluralistic can the new nationalisms be? This collection serves notice that the tradition is being read in new and disruptive ways. Five women and four men examine the relationship between gender and nationality, how male and female authors portray women, the treatment of sexuality in Scottish writing, the construction of Scottish masculinity and its relation to class and homophobia. Covering modern fiction and theatre, poetry, film and television, it is a provocative reassessment of the gender and culture of a 'stateless nation'.
Legislative Authority and Interpretation in the European Union
Although legislation has in the past decades become the legal cornerstone of European integration, the EU legislature remains systematically neglected in EU legal scholarship. This book explores the virtues of the legislative process and the nature of legislative acts and asks how moving the legislature from the sidelines to the centre of legal analysis changes our understanding of the EU Court of Justice's role. The first part of the book examines how the CJEU should exercise its authority relative to the legislature. The author argues that as the legislature lends democratic legitimacy to EU law and is a better lawmaker than the judiciary, that judicial deference to the legislature's choices is required in all but exceptional circumstances. The second part of the book sets forth a theory of legislative interpretation that enables judicial officials to respect the wishes of the legislature. This theory shows, first, that the legislature can aggregate the intentions of individual legislators into a coherent legislative intent, and second, how this legislative intent can be identified from the publicly available legislative material.
