scholarly journals Territoriality Beyond the State: The EU’s Territorial Claims and the Search for Their Legitimacy

2021 ◽  
Vol 22 (4) ◽  
pp. 650-672
Author(s):  
Josef Weinzierl
Keyword(s):  
The State ◽  
Political Community ◽  
The Other ◽  
Main Question ◽  
Eu Law ◽  
European Level ◽  
Territorial Claims ◽  
The One ◽  
The Individual ◽  
The Eu

AbstractQuite a few recent ECJ judgments touch on various elements of territorial rule. Thereby, they raise the profile of the main question this Article asks: Which territorial claims does the EU make? To provide an answer, the present Article discusses and categorizes the individual elements of territoriality in the EU’s architecture. The influence of EU law on national territorial rule on the one hand and the emergence of territorial governance elements at the European level on the other provide the main pillars of the inquiry. Once combined, these features not only help to improve our understanding of the EU’s distinctly supranational conception of territoriality. What is more, the discussion raises several important legitimacy questions. As a consequence, the Article calls for the development of a theoretical model to evaluate and justify territoriality in a political community beyond the state.

Sexual Ontology and Group Marriage

Philosophy ◽  
1983 ◽  
Vol 58 (224) ◽  
pp. 215-227 ◽  
Author(s):  
Stephen R. L. Clark
Keyword(s):  
Social Institutions ◽  
The State ◽  
Political Community ◽  
The Other ◽  
Unmarried Mother ◽  
The Past ◽  
The Social ◽  
The One

Philosophers of earlier ages have usually spent time in considering thenature of marital, and in general familial, duty. Paley devotes an entire book to those ‘relative duties which result from the constitution of the sexes’,1 a book notable on the one hand for its humanity and on the other for Paley‘s strange refusal to acknowledge that the evils for which he condemns any breach of pure monogamy are in large part the result of the fact that such breaches are generally condemned. In a society where an unmarried mother is ruined no decent male should put a woman in such danger: but why precisely should social feeling be so severe? Marriage, the monogamist would say, must be defended at all costs, for it is a centrally important institution of our society. Political community was, in the past, understood as emerging from or imposed upon families, or similar associations. The struggle to establish the state was a struggle against families, clans and clubs; the state, once established, rested upon the social institutions to which it gave legal backing.

The “Polemical” Spirit of European Constitutional Law: On the Importance of Conflicts in EU Law

2015 ◽  
Vol 16 (6) ◽  
pp. 1343-1374 ◽  
Author(s):  
Giuseppe Martinico
Keyword(s):  
Constitutional Law ◽  
The Other ◽  
Preliminary Ruling ◽  
Eu Law ◽  
Constitutional Courts ◽  
Cautious Approach ◽  
Court Of Justice ◽  
The One ◽  
The Eu

Recently, scholars have argued of the necessity of going beyond “judicial dialogues” and “conflict-and-power” approaches to the analysis of the role of national Constitutional Courts in the Union. On the one hand, there are risks connected to a “too welcoming an approach by national constitutional courts to EU law”; on the other hand, it is possible to criticize both the Court of Justice of the EU (CJEU) and some national Constitutional Courts for other, less cooperative, decisions. I share this cautious approach for many reasons, and primarily because the preliminary ruling mechanism does not exhaust all the possible means of communication between constitutional courts and the CJEU. For instance, what Komárek calls “parallel references” can serve, in some circumstances, as a technique of alternative (or hidden) dialogue, that has favored a sort of “remote dialogue” over the years. My sole point of disagreement with this scholarly position is over the role of conflicts in this scenario. Whilst Komárek seems to confine conflicts to phenomena of mere resistance or to “‘cold’ strategic considerations,” in this work I am going to adopt a much broader idea of conflict, which goes beyond mere “conflicts and power games.”

scholarly journals Europeanisation of the Nordic Alcohol Monopoly Systems Collisions between Ideologies and Political Cultures1

1997 ◽  
Vol 14 (1_suppl) ◽  
pp. 7-16
Author(s):  
Trygve Ugland
Keyword(s):  
Policy Making ◽  
Nordic Countries ◽  
Political Community ◽  
The Other ◽  
Political Cultures ◽  
Nation States ◽  
Democratic Control ◽  
The One ◽  
The Eu

The decisions of Finland, Iceland, Norway and Sweden in 1993 to participate in the EEA, implied that the EU had become a more significant political community for policies and institutions in the Nordic nation-states. By reference to the obligations of the EEA Treaty and the EC Treaty respectively, the established alcohol monopoly systems in these countries were challenged by the EU and subsequently transformed. This transformation represents a break with the identity, traditions and dynamics of the Nordic alcohol monopolies. An examination of two collisions between ideologies and political cultures associated with the Nordic countries on the one hand, and the EU on the other, increase the understanding of why and how this transformation occurred. This process illustrates how market considerations have gained ground over health aspects, and how policy-making to an increasing extent is characterised by less national and democratic control.

scholarly journals Protected Legal Interest of a Taxpayer as a Legal Category of Tax Law

Financial law ◽  
2020 ◽  
Vol 11 ◽  
pp. 23-26
Author(s):  
Elena A. Tsvetkova ◽  
Keyword(s):  
Public Interest ◽  
The State ◽  
The Other ◽  
Tax Law ◽  
Legitimate Interest ◽  
Other Hand ◽  
The One ◽  
The Individual ◽  
Subjective Rights

Protected legal interest is a legal category that allows to reflect all those interests that for one reason or another are not «covered» by subjective rights, but certainly have some importance for both society and the individual. It is convenient for the State, through such a tool as «protected legitimate interest», to take under its protection and protection those interests which, on the one hand, there is no need to translate into the rank of subjective rights, and on the other hand, when it is necessary for protection public interest, they gain a right and become the rights of the taxpayer.

On the issue of legal guarantees for employees during public or public duties

2020 ◽  
pp. 26-31
Author(s):  
Alexander Іanushkevych
Keyword(s):  
The State ◽  
The Other ◽  
Labor Rights ◽  
Main Body ◽  
Role Of The State ◽  
Effective Performance ◽  
The One ◽  
The Individual ◽  
The Right ◽  
Favorable Conditions

Problem setting. The article analyzes the features of legal guarantees provided for employees during the performance of state or public duties, considers their essence and significance. It is concluded that their presence, on the one hand, contributes to the quality and effective performance of their duties by a citizen, on the other – ensures the appropriate level of legality and compliance with c urrent regulations. Analysis of recent researches and publications. Some aspects of legal guarantees of labor rights in their publications covered the following scientists: S.Ya. Vavzhenchuk, T.M. Zavorotchenko, M.I. Inshin, V.L. Kostyuk, N.V. Kokhan, O.I. Protsevsky, O.A. Sytnytska, O.M. Yaroshenko, and others. The purpose of the article is to analyze the legal guarantees for employees during the performance of state or public duties, to reveal their essence and meaning. Article’s main body. The article is noted that the guarantees established by the state for employees during the performance of state or public duties (preservation of the place of work (position) and salary) are special protective equipment that supports and protects the employee in cases where he for reasons recognized by law respectable, did not work. The above-mentioned labor guarantees, which ensure the realization of the rights granted to employees, are both intangible (for example, preservation of the place of work, position) and material (preservation of average earnings). The purpose of the sums of money paid during this time is to en sure the preservation of the average earnings of the employee (in whole or in part), as well as to prevent the loss of these earnings. Thus, they are a form of realization of a legal guarantee of the right of employees to prevent the reduction or loss of their income and provide it by preserving the wages of employees, have a material nature. It is noted that the important role of the state in this matter. Whereas, in enshrining the rights and freedoms of the individual in law, he must undertake certain obligations to create favorable conditions for their effective provision: to provide citizens with real opportunities for the practical exercise of their rights and freedoms; to protect the rights and freedoms of the person from possible illegal encroachments; to protect the rights and freedoms of the person in case of their illegal violation. Conclusions and prospects for the development. After analyzing the features of legal guarantees provided for employees during the performance of state or public duties, we can note their importance and significance, especially today. Their presence, on the one hand, contributes to the quality and effective performance of their duties by a citizen, on the other hand, ensures the appropriate level of legality and compliance with the provisions of applicable regulations.

Part V Global and Regional Security Mechanisms, Ch.54 The European Union

2021 ◽  
Author(s):  
Nanopoulos Eva
Keyword(s):  
European Union ◽  
International Law ◽  
The Other ◽  
Regional Security ◽  
Security Architecture ◽  
Eu Law ◽  
The European Union ◽  
Global Security ◽  
The One ◽  
The Eu

This chapter explores the European Union’s relationship and contribution to the international law of global security through the lens of ‘ambivalence’. The reasons for this approach are threefold. First, that relationship oscillates between symbiosis and friction. On the one hand, the European Union (EU) has been gradually integrated into the global security architecture. On the other hand, the EU, as a power bloc and ‘autonomous’ legal community, also provides a source of conflict with, disassociation from, or destabilization of, global security arrangements. Second, the interaction between EU law and global security law, as well as the substantive contribution of the EU to the law of global security, produces mixed results. Finally, the ambivalence of the EU as a ‘global security provider’ has also explanatory value when it comes to contemporary developments and challenges, particularly as they emerge from the EU’s response to the increased ‘questioning’ of the European project and the global liberal order more generally, and that cut across several aspects of global security.

Surveillance, Conspiracy, and the Nanny State

Security ◽  
2013 ◽  
Author(s):  
John T. Hamilton
Keyword(s):  
Twentieth Century ◽  
The State ◽  
The Other ◽  
Personal Security ◽  
Other Hand ◽  
Individual Citizen ◽  
The One ◽  
The Individual ◽  
The Masses ◽  
Totalitarian Regimes

This chapter argues that the provision of security is not only an act of care but also an expression of power. And power is always something that stands to be abused. Agencies of twentieth-century totalitarian regimes consistently and explicitly claimed to maintain security by inculcating insecurity among the masses. The perverse logic is that fear alone sustains the need for security, which consequently legitimizes the state's existence. This logic has at least two alternative results. On the one hand, the care for the individual citizen has simply been converted to the care for the state. Here, security is a dehumanizing project that shifts all concern to a realm well beyond the human. On the other hand, precisely by promulgating fear among the populace, such projects also inadvertently humanize. Stripped of personal security—deprived of the privation of concern—the subjects of these regimes are left with nothing more and nothing greater than the capacity to care.

Ewolucja subprocesu transformacji Czarnogóry

2020 ◽  
pp. 161-177 ◽  
Author(s):  
Małgorzata Łakota-Micker ◽  
Beniamin Noga
Keyword(s):  
Regional Cooperation ◽  
Transition Process ◽  
The State ◽  
The Other ◽  
Former Yugoslavia ◽  
Eu Law ◽  
Political Will ◽  
The Eu

The article shows the phenomenon of evolution of the Montenegro transformation subprocess in terms of progress in the implementation of EU law, Montenegro stands out from the other countries of the former Yugoslavia seeking to join the EU or Euro-Atlantic structures. Over the next ten years we will be able to talk about the intensified transition process, taking place in Montenegro. Six years from the beginning of accession negotiations, despite the actions taken and the implementation of new solutions, the reality shows that the inhabitants of the state still do not see any progress in its functioning. The change requires above all political will, which in the long-term will allow the implementation of well-established reforms and ensure their lasting results. In this case, regional cooperation will also have a great significance in Montenegro.

scholarly journals Mobility-as-a-service (MaaS) digital marketplace impact on EU passengers’ rights

2020 ◽  
Vol 12 (1) ◽  
Author(s):  
Erion Murati
Keyword(s):  
Status Quo ◽  
The Other ◽  
Eu Law ◽  
Transport Regulation ◽  
Passenger Travel ◽  
Multimodal Transport ◽  
The Status ◽  
The One ◽  
The Impact ◽  
The Eu

Abstract Integrated and seamless mobility has been a futuristic vision of mobility for a few years already. Today, Mobility as a Service (MaaS) embodies that vision through the integration of existing and new mobility services into one single digital platform, providing customised door-to-door transport and offering personalised trip or packages planning and payment options. The MaaS concept enable a practical shift from a fragmented and unimodal transport towards a harmonized, centralized and multimodal one, yet the current EU transport law, which is based on the principle of unimodality transport regulation, does not cover any passenger multimodal transport. Thus, as MaaS providers generate multimodal travel chains, it’s problematic that under EU law there is no harmonised legal base for multimodal passenger travel. Moreover, passenger rights cannot be guaranteed when an event occurring during one transport segment affects the following one, if the latter segment is operated with another operator of transport. In light of this, the knowledge gaps that this paper aims to fulfil are to comprehend, on the one hand, the status quo of EU passenger legislation and, on the other hand, the impact of MaaS concept on EU passenger’s rights. This will be achieved by analysing the EU transport law and its adequacy to cover passenger’s rights through a MaaS multimodal journey, as well as the position of a MaaS provider in a travel chain.

scholarly journals Thinking the Political with Jean-Luc Nancy

Stasis ◽  
2021 ◽  
Vol 11 (1) ◽  
pp. 16-38
Author(s):  
Janar Mihkelsaar
Keyword(s):  
The State ◽  
The Self ◽  
The Other ◽  
The Political ◽  
The People ◽  
The One ◽  
The Individual

In this article, I argue that at the center of Jean-Luc Nancy’s approach to the political lies the thinking of subject as that of relation. Throughout the historical actualizations of, for example, the individual, the state, or the people as a subject, the problematic of relation is one that has retreated and now demands to be subjected to a retreatment. When the arche-teleological presuppositions that constitute subject as that which is given enter the phase of deconstruction, subject comes to present itself as nothing but the activity of relating itself to itself. I respond to Nancy’s call to invent “an affirmation of relation” by way of rethinking the logics of sovereignty and democracy. While sovereignty unites, posits, finitizes, and finishes the self of the people, a post-68 democracy pluralizes, infinitizes, and disfigures the identity of the people. Between sovereignty and democracy, notwithstanding their conflicting tenets, the relation is not that of reciprocal exclusion. One is rather the correlative of the other. Without the one, the other would not make any sense. Through this Janus-faced economy of the political, the people can experience its own “reality”—to experience relation itself. The affirmation of relation is what gives and keeps free the voided site of the political for the infinite self-institution of the people, and for that reason is political par excellence.

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