European Law as Transnational Law – Europe Has to Be Conceived as an Heterarchical Network and Not as a Superstate!

2009 ◽  
Vol 10 (10) ◽  
pp. 1357-1365 ◽  
Author(s):  
Karl-Heinz Ladeur
Keyword(s):  
Direct Relationship ◽  
The State ◽  
Public Deliberation ◽  
European Law ◽  
The European Union ◽  
Core Element ◽  
The Core ◽  
The One ◽  
The Individual ◽  
The Relationship

Due to the Europeanisation of law, and the constitutionalisation of the European Union in particular, the Habermas argument seems to be quite appealing to many. Globalisation is interpreted as having curbed the State's capability to impose norms on the transnational process of expanding markets. This evolution seems to have not only reduced the action potential of the State but, at the same time and even more importantly, it also has reduced the value of citizenship. Citizenship can no longer be the core element of the relationship between the individual and the State in the postmodern society. It cannot be constituted via a direct relationship with the State, which at the same time constitutes the realm of deliberation because the diffuse networks of transnational inter-relationships beyond the State cannot be reflected by the process of public deliberation. The space of the State is, on the one hand, too small. On the other hand, it may appear to be too big. Against this background Europe cannot be regarded as the bearer of the European acquis étatique (the acquired state).

scholarly journals Evolution of the Concept of Citizenship in the Islamic Thought: An Analysis

2020 ◽  
Vol 2 (1) ◽  
pp. 121-141
Author(s):  
Osama Sami AL-Nsour
Keyword(s):  
The State ◽  
The Past ◽  
Islamic Thought ◽  
State And Society ◽  
The Government ◽  
The One ◽  
The Individual ◽  
Islamic Civilization ◽  
Political Economic ◽  
The Relationship

The concept of citizenship is one of the pillars upon which the modern civil state was built. The concept of citizenship can be considered as the basic guarantee for both the government and individuals to clarify the relationship between them, since under this right individuals can acquire and apply their rights freely and also based on this right the state can regulate how society members perform the duties imposed on them, which will contributes to the development of the state and society .The term citizenship has been used in a wider perspective, itimplies the nationality of the State where the citizen obtains his civil, political, economic, social, cultural and religious rights and is free to exercise these rights in accordance with the Constitution of the State and the laws governing thereof and without prejudice to the interest. In return, he has an obligation to perform duties vis-à-vis the state so that the state can give him his rights that have been agreed and contracted.This paper seeks to explore firstly, the modern connotation of citizenship where it is based on the idea of rights and duties. Thus the modern ideal of citizenship is based on the relationship between the individual and the state. The Islamic civilization was spanned over fourteen centuries and there were certain laws and regulations governing the relationship between the citizens and the state, this research will try to discover the main differences between the classical concept of citizenship and the modern one, also this research will show us the results of this change in this concept . The research concludes that the new concept of citizenship is correct one and the one that can fit to our contemporary life and the past concept was appropriate for their time but the changes in the world force us to apply and to rethink again about this concept.

scholarly journals Conflict between an individual and the state in the concept of Max Stirner

2021 ◽  
pp. 99-110
Author(s):  
Igor' Olegovich Nadtochii ◽  
Sergei Vyacheslavovich Nikishin
Keyword(s):  
The State ◽  
Practical Implementation ◽  
Value Judgments ◽  
The World ◽  
German Philosopher ◽  
History Of ◽  
Max Stirner ◽  
The One ◽  
The Individual ◽  
The Relationship

The subject of this research is the views of the German classical philosopher Max Stirner on the individual, society, and the state reflected in his flagship work “The Ego and Its Own”. The object of this research is the anarchism as a unique trend in the world political and philosophical thought. On the one hand, the author emphasize the determinedness of the ideas of German philosopher by the historical atmosphere of his time, while on the other – view anarchism as the doctrine with the equally long history in the world thought and practical implementation of the anarchist concepts. The focus of M. Stirner's ideas lies in the conflict between an individual and the state. The scientific novelty of this article consists in the analysis of the essential conceptual conflict, immanent to the history of mankind, which is the foundation for M. Stirner’s original concept of the relationship between an individual, the state, and surrounding world. The trueness of being in the concept of German philosopher is determined by the embodiment of the anthropocentric, or according to M. Stirner, the “egoistic” ontological ideal. The authors' special contribution consists in the analysis of views of M. Stirner, as well as in tracing correlation between the  anarchist concepts and realization of the ideas of anarchism in one or another form. The authors show no reference to any value judgments related to this ideological phenomenon.

Citizenship For Sale?

2017 ◽  
pp. 788-816 ◽  
Author(s):  
Ayelet Shachar
Keyword(s):  
The State ◽  
Political Community ◽  
The Political ◽  
Net Worth ◽  
The Core ◽  
The Past ◽  
Political Implications ◽  
The World ◽  
The Individual ◽  
The Relationship

“There are some things that money can’t buy.” Is citizenship among them? This chapter explores this question by highlighting the core legal and ethical puzzles associated with the surge in cash-for-passport programs. The spread of these new programs is one of the most significant developments in citizenship practice in the past few decades. It tests our deepest intuitions about the meaning and attributes of the relationship between the individual and the political community to which she belongs. This chapter identifies the main strategies employed by a growing number of states putting their visas and passports “for sale,” selectively opening their otherwise bolted gates of admission to the high-net-worth individuals of the world. Moving from the positive to the normative, the discussion then elaborates the main arguments in favor of, as well as against, citizenship-for-sale. The discussion draws attention to the distributive and political implications of these developments, both locally and globally, and identifies the deeper forces at work that contribute to the perpetual testing, blurring, and erosion of the state-market boundary regulating access to membership.

Corporate culture as a driver of the corporate security of foreign military-industrial enterprises

2020 ◽  
Vol 16 (12) ◽  
pp. 2363-2380
Author(s):  
S.B. Zainullin ◽  
O.A. Zainullina
Keyword(s):  
Corporate Culture ◽  
Economic Security ◽  
The State ◽  
Industrial Complex ◽  
The European Union ◽  
Corporate Security ◽  
Industrial Enterprises ◽  
The Core ◽  
The Usa ◽  
The Military

Subject. The military-industrial complex is one of the core industries in any economy. It ensures both the economic and global security of the State. However, the economic security of MIC enterprises strongly depends on the State and other stakeholders. Objectives. We examine key factors of corporate culture in terms of theoretical and practical aspects. The article identifies the best implementation of corporate culture that has a positive effect on the corporate security in the MIC of the USA, the United Kingdom, the European Union, Japan ans China. Methods. The study employs dialectical method of research, combines the historical and logic unity, structural analysis, traditional techniques of economic analysis and synthesis. Results. We performed the comparative analysis of corporate culture models and examined how they are used by the MIC corporations with respect to international distinctions. Conclusions and Relevance. The State is the main stakeholder of the MIC corporations, since it acts as the core customer represented by the military department. It regulates and controls operations. The State is often a major shareholder of such corporations. Employees are also important stakeholders. Hence, trying to satisfy stakeholders' needs by developing the corporate culture, corporations mitigate their key risks and enhance their corporate security.

In a word, I’ve been there

2019 ◽  
pp. 246-256
Author(s):  
A. K. Zholkovsky
Keyword(s):  
The State ◽  
Female Characters ◽  
Political Situation ◽  
The Core ◽  
The Relationship ◽  
Core Problem ◽  
Typical Solution

In his article, A. Zholkovsky discusses the contemporary detective mini-series Otlichnitsa [A Straight-A Student], which mentions O. Mandelstam’s poem for children A Galosh [Kalosha]: more than a fleeting mention, this poem prompts the characters and viewers alike to solve the mystery of its authorship. According to the show’s plot, the fact that Mandelstam penned the poem surfaces when one of the female characters confesses her involvement in his arrest. Examining this episode, Zholkovsky seeks structural parallels with the show in V. Aksyonov’s Overstocked Packaging Barrels [Zatovarennaya bochkotara] and even in B. Pasternak’s Doctor Zhivago [Doktor Zhivago]: in each of those, a member of the Soviet intelligentsia who has developed a real fascination with some unique but unattainable object is shocked to realize that the establishment have long enjoyed this exotic object without restrictions. We observe, therefore, a typical solution to the core problem of the Soviet, and more broadly, Russian cultural-political situation: the relationship between the intelligentsia and the state, and the resolution is not a confrontation, but reconciliation.

Bastard Feudalism and the Framing of Thirteenth-Century England

2018 ◽  
Author(s):  
Peter Coss
Keyword(s):  
Middle Ages ◽  
Thirteenth Century ◽  
Twelfth Century ◽  
The State ◽  
The Other ◽  
Great Work ◽  
Early Middle Ages ◽  
The One ◽  
The Relationship

In the introduction to his great work of 2005, Framing the Early Middle Ages, Chris Wickham urged not only the necessity of carefully framing our studies at the outset but also the importance of closely defining the words and concepts that we employ, the avoidance ‘cultural sollipsism’ wherever possible and the need to pay particular attention to continuities and discontinuities. Chris has, of course, followed these precepts on a vast scale. My aim in this chapter is a modest one. I aim to review the framing of thirteenth-century England in terms of two only of Chris’s themes: the aristocracy and the state—and even then primarily in terms of the relationship between the two. By the thirteenth century I mean a long thirteenth century stretching from the period of the Angevin reforms of the later twelfth century on the one hand to the early to mid-fourteenth on the other; the reasons for taking this span will, I hope, become clearer during the course of the chapter, but few would doubt that it has a validity.

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.

Eastern Orthodoxy and Europe

2021 ◽  
pp. 479-496
Author(s):  
Effie Fokas
Keyword(s):  
The Political ◽  
Historical Period ◽  
The European Union ◽  
Temporal Perspective ◽  
Eastern Orthodoxy ◽  
The Balkans ◽  
Political Reality ◽  
The One ◽  
The Impact ◽  
The Relationship

This chapter considers the relationship between ‘Orthodoxies’ and ‘Europes’, highlighting the multiplicity of Eastern Christian Orthodox approaches and attitudes towards Europe, from one majority Orthodox national context to another and one historical period to another, ranging from anti-Europeanism (and anti-Westernism) to Europhilism. It also draws attention to differences in Orthodox stances on the idea of Europe, on the one hand, and the political reality of the European unification project, on the other. A temporal perspective is particularly relevant in changing attitudes to the European Union. Special attention is paid to external perspectives on the relationship between ‘Orthodoxy’ and ‘Europe’, often politicized and influenced by the political turmoil in the Balkans. The chapter closes with reference to the situation of flux characterizing contemporary conceptions of Europe, and the impact of the latter on ‘Orthodoxy’ in relation to ‘Europe’.

Gobernanza económica europea y modelo territorial de distribución del poder

2013 ◽  
pp. 153-191
Author(s):  
Ainhoa LASA LÓPEZ
Keyword(s):  
European Union ◽  
The European Union ◽  
European Level ◽  
Euro Pean ◽  
Economic Constitution ◽  
The One ◽  
The Impact ◽  
The Relationship ◽  
The Ideal

LABURPENA: Artikulu honetan, Europar Batasuneko botere-artikulazio berriak erkidegotan osatutako Espainian zer eragin daukan aztertuko dugu. Europa mailako politika-ekonomia erlazioak funtsezko bi koordenatu izan behar ditu ezinbestean. Alde batetik, Europako konstituzio-ordena ez dela gizartearen konstituzionalismoaren koordenatuetan ernatutako ordenaren berdina. Bestetik, Europako konstituzio ekonomikoa Europa bat egiteko proiektuak berarekin dakartzan aldaketa berriak gorpuzteko eremua dela. Izan ere, funtsean, Europako konstituzio ekonomikoa plataforma ezin hobea delako boterearen artikulazioa berria nola artikulatu asmatzeko, Europa guztirako. RESUMEN: el objetivo de este artículo es analizar el impacto que tiene la nueva articulación del poder en la Unión Europea en el Estado español de las autonomías. La relación política-economía a nivel europeo debe tener en cuenta dos coordenadas fundamentales. Por una parte, la consideración del orden constitucional europeo como un orden distinto al gestado bajo las coordenadas del constitucionalismo social. Por otra, la caracterización de la constitución económica europea como ámbito de materialización de las nuevas transformaciones que incorpora el proyecto de integración europeo. Fundamentalmente, porque la constitución económica europea representa la plataforma idónea desde la que dilucidar la nueva articulación del poder desde el espacio supranacional europeo. ABSTRACT: The aim of this paper is to analyse the impact of the new articula tion of power in the European Union in the Spanish state of autonomies. The relationship between politics and economy at European level must take into consideration two fundamental coordinates. On the one hand, the Euro pean constitucional system appears as a system opposite to that of social constitutionalism. Moreover, the characterization of the European economic constitution as a field of realization of the new transformations incorporated by the European project. Specially, because this represents the ideal platform in order to analyse the new articulation of power from European supranational space.

Trade Unions

2018 ◽  
Author(s):  
Richard Whiting
Keyword(s):  
Trade Unions ◽  
Political System ◽  
The State ◽  
The Political ◽  
British Politics ◽  
Modern Britain ◽  
The Individual ◽  
The Relationship ◽  
Critical Moments

In assessing the relationship between trade unions and British politics, this chapter has two focuses. First, it examines the role of trade unions as significant intermediate associations within the political system. They have been significant as the means for the development of citizenship and involvement in society, as well as a restraint upon the power of the state. Their power has also raised questions about the relationship between the role of associations and the freedom of the individual. Second, the chapter considers critical moments when the trade unions challenged the authority of governments, especially in the periods 1918–26 and 1979–85. Both of these lines of inquiry underline the importance of conservatism in the achievement of stability in modern Britain.

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