scholarly journals Constitutional Identity in the EU–A Shield or a Sword?

2017 ◽  
Vol 18 (7) ◽  
pp. 1617-1640 ◽  
Author(s):  
Pietro Faraguna
Keyword(s):  
Final Section ◽  
Legal Discourse ◽  
Member States ◽  
Fourth Section ◽  
The Third ◽  
Constitutional Adjudication ◽  
Constitutional Identity ◽  
The Eu

This Article consists of five sections. In the first section, it describes why identity questions matter, particularly in Europe. In the second section, the Article tackles the issue of multiple structural ambiguities affecting the concept of constitutional identity in the European constitutional vocabulary. In the third section, the Article explores trends concerning the use of constitutional identity in the European legal discourse and practice, including the development of alternative interpretations and applications of the notion of constitutional identities in the Member States. The fourth section of the Article combines the analytical accounts outlined in the second section with the trends identified in the third section, contending that different conceptions and applications of constitutional identity have varying effects on the European composite constitutional adjudication system and that the institutional and procedural framework should be calibrated accordingly. The final section of this Article draws some conclusions.

Common Visa Policy: Bordering from Abroad—Applying Admission Criteria before Departure

2017 ◽  
Author(s):  
Violeta Moreno-Lax
Keyword(s):  
Information System ◽  
Final Section ◽  
Admission Criteria ◽  
Member States ◽  
The Common ◽  
Key Features ◽  
Visa Policy ◽  
Migration Flows ◽  
The Eu ◽  
Common Policy

Visas are specifically aimed at controlling admission at the stage of pre-departure and constitute one of the essential requirements for entry under the Schengen Borders Code. This chapter examines the common policy of the EU, conceptualizing them as pre-authorizations of entry granted before arrival in the territory of the Member States. Visa requirements, as introduced in the Visa Regulation, are perused at the outset, taking account of periodic revisions of the visa lists and the criteria for amendment considered relevant by the EU legislator. The key features of the uniform visa format and the Visa Information System (VIS) are briefly presented, highlighting their contribution to the securitisation of migration flows. Then, the visa issuing procedure, as governed by the Community Code on Visas (CCV), is examined. The final section is reserved to the analysis of the implications of the different components of the policy regarding access to asylum in the Member States.

Enhancing Science and Technology in the SADC Region: Roles of the Secretariat and Member States

2002 ◽  
Vol 1 (1) ◽  
pp. 70-95
Author(s):  
Rubin Patterson ◽  
James Bozeman
Keyword(s):  
Economic Integration ◽  
Final Section ◽  
Science And Technology ◽  
Foreign Affiliate ◽  
Member States ◽  
The Third ◽  
Economic Context ◽  
The World ◽  
The Status

AbstractIncreased economic integration throughout the world, the growing dominance of foreign affiliate production over international exports, the routinization of innovation, and amplified knowledge-intensiveness of FDI collectively characterize the new global economic environment in which SADC nations are attempting to develop and compete. This paper provides a detailed summary of the global economic context and one of its leading engines, namely, science and technology (S&T). Analysis of Africa's post-independence S&T travails and successes constitutes the second section of the paper. Various factors that have collectively arrested S&T growth are discussed. The third and largest section is the analysis of commonalities and particularities of S&T needs and activities by the SADC secretariat and member states. Focused analytical reports on the status of S&T development efforts in Botswana and Zimbabwe comprise the final section. Based on the contextual threats and opportunities discussed above, the paper concludes with two concrete recommendations: integrating and adopting the elements suggested in the paper for a long-term S&T development model, and pursuing state-sponsored or quasi-state-sponsored reverse engineering campaigns.

scholarly journals O ENSINO E A PESQUISA SOBRE POLÍTICA EXTERNA NO CAMPO DAS RELAÇÕES INTERNACIONAIS DO BRASIL

2012 ◽  
Vol 1 (2) ◽  
pp. 95-128 ◽  
Author(s):  
Carlos Aurélio Pimenta de Faria
Keyword(s):  
Social Sciences ◽  
Foreign Policy ◽  
International Relations ◽  
Final Section ◽  
Graduate Programs ◽  
Fourth Section ◽  
The Third ◽  
The Status ◽  
Theses And Dissertations

The purpose of this article is to analyze teaching and research on foreign policy in Brazil in the last two decades. The first section discusses how the main narratives about the evolution of International Relations in Brazil, considered as an area of knowledge, depict the place that has been designed, in the same area, to the study of foreign policy. The second section is devoted to an assessment of the status of foreign policy in IR teaching in the country, both at undergraduate and scricto sensu graduate programs. There is also a mapping and characterization of theses and dissertations which had foreign policy as object. The third section assesses the space given to studies on foreign policy in three academic forums nationwide, namely: the meetings of ABRI (Brazilian Association of International Relations), the ABCP (Brazilian Association of Political Science) and ANPOCS (National Association of Graduate Programs and Research in Social Sciences). In the fourth section there is a mapping and characterization of the published articles on foreign policy between 1990 and 2010, in the following IR Brazilian journals: Cena Internacional, Contexto Internacional, Política Externa and Revista Brasileira de Política Internacional. At last, the fifth and final section seeks to assess briefly the importance that comparative studies have in the sub-area of foreign policy in the country. The final considerations make a general assessment of the empirical research presented in the previous sections.

Judicial Legitimacy in the European Union

2020 ◽  
pp. 125-154
Author(s):  
Jan Komárek
Keyword(s):  
European Union ◽  
Political System ◽  
Dual Role ◽  
Judicial System ◽  
The European Union ◽  
Legal Tradition ◽  
Judicial Interpretation ◽  
Fourth Section ◽  
The Third ◽  
The Eu

The chapter begins with some reflections on the concept of legitimacy, as it is used in the debates on the EU and its judicial system, particularly the ECJ. In the following section, it seeks to present a framework for studying the ECJ’s legitimacy, which does justice to its dual role: to decide particular cases and at the same time to fulfil much wider functions in the EU political system. The third section then focuses on the perennial problem of judicial legitimacy in the Western legal tradition: how to legitimize creative moments of judicial interpretation of law, which are at the same time unavoidable and deeply problematic for what is sometimes called the liberal doctrine of politics. The fourth section looks in some detail at the recent turn to semantic pragmatism and its relationship to the democratic theory and discusses some of its shortcomings.

3. Union Competences

2020 ◽  
pp. 61-82
Author(s):  
Robert Schütze
Keyword(s):  
Internal Market ◽  
Member States ◽  
Second Development ◽  
The Third ◽  
The Past ◽  
Teleological Interpretation ◽  
External Powers ◽  
The Eu

This chapter explores the scope and nature of the European Union's legislative competences. Based on the principle of conferral, the EU must act within the scope of competences conferred upon it by the Member States. Three legal developments have significantly undermined the principle of conferral in the past. First, there has been a rise of teleological interpretation. The EU's competences are here interpreted in such a way that they potentially ‘spill over’ into other policy areas. The second development is the rise of the EU's general competences. The EU enjoys two very general legislative competences that horizontally cut across the various policy titles within the EU Treaties: Articles 114 and 352 TFEU, which concern internal market competence and residual competence, respectively. The third development is the doctrine of implied external powers. The chapter then studies the different categories of EU competences: exclusive, shared, coordinating, and complementary.

scholarly journals The EU’s Green Deal: A Third Alternative to Green Growth and Degrowth?

2020 ◽  
Vol 12 (23) ◽  
pp. 9825
Author(s):  
Marinus Ossewaarde ◽  
Roshnee Ossewaarde-Lowtoo
Keyword(s):  
Final Section ◽  
Ecological Crisis ◽  
Political Agenda ◽  
Main Question ◽  
The European Union ◽  
Green Growth ◽  
Cultural Economic ◽  
The Third ◽  
Key Features ◽  
The Eu

In December 2019, the European Union introduced its Green Deal in which the ecological crisis is prioritized. In doing so, the EU seems to be breaking with its traditional green growth discourse. Does it? In this article, we seek to find out whether and to what extent the EC indeed has such a revolutionary cultural, economic and political agenda in mind with its Green Deal. While the green growth discourse presumes a growth-based economy that must become greener, the degrowth discourse questions the growth model and perceives it as ecologically irresponsible. If the European Green Deal represents a third alternative, then it will somehow succeed in prioritizing ecology without welfare loss. To ascertain to what extent the European Green Deal is that third alternative, three preliminary steps need to be undertaken. The first step consists in a brief exposition of the key features of the traditional green growth discourse, as propounded by the EC and its various allies. Thereafter, the overlaps between the green growth discourse and the European Green Deal are noted. In the third section, the latter’s divergences from that previous model are highlighted. In the final section, the main question of the article is answered. It is also suggested that specific interpretations and implementations of the European Green Deal could possibly turn the original communication into an alternative to both green growth and degrowth.

scholarly journals The Functions of Constitutional Identity Performed in the Context of Constitutionalization of the EU Order and Europeanization of the Legal Orders of EU Member States

2017 ◽  
Vol 9 (2) ◽  
pp. E-72-E-97
Author(s):  
Martin Belov
Keyword(s):  
Functional Analysis ◽  
Social Implications ◽  
Member States ◽  
Eu Member States ◽  
Eu Integration ◽  
Legal Positivist ◽  
Ordering Schemes ◽  
Constitutional Identity ◽  
The Eu

Abstract This article provides an analysis of the functions performed by constitutional identity in constitutional discourses of both the EU and its Member States, in the context of emerging post-Westphalian and supranational constitutionalism. The analysis tries to demonstrate that constitutional identity may serve as one of the key normative ideologies, legitimation strategies and ordering schemes of EU constitutionalism. It reasserts through functional analysis the suitability of constitutional identity for organizing and explaining multiple constitutional orders in a non-hierarchical and inclusive way. The article is based on a socio-legal approach, deliberately avoiding the predominant legal realist and legal positivist discourses. This is due to the fact that a functional analysis presupposes admitting the existence of ideal, legal and socio-legal dimensions of constitutional concepts and institutions and the taking into account of social implications produced by their functioning. The article deliberately takes a constitutionalist stance on the EU and the EU integration. It is focused on the contribution of constitutional identity for the further constitutionalization of the EU from a socio-political and constitutionalist perspective.

People-Trafficking: Some Reflections on the EU Legislation, and its Implementation in the UK

2009 ◽  
Vol 11 ◽  
pp. 189-210
Author(s):  
John R Spencer
Keyword(s):  
Criminal Law ◽  
Final Section ◽  
Framework Decision ◽  
Eu Legislation ◽  
The Third ◽  
History Of ◽  
Academic Network ◽  
The Uk ◽  
European Criminal Law ◽  
The Eu

Abstract This chapter examines the efforts in Europe and and the UK to deal with the problem of people-trafficking. As readers will see, it is in five Sections. The first sets the scene by explaining what ‘people-trafficking’ is, and outlining the history of international attempts to repress it and to relieve its human consequences. The second describes the recent legislative attempts to deal with it in Europe, and in particular, the EU Framework Decision of 2002. The third examines the UK legislation enacted with the aim—not entirely accurate, as we shall see—of implementing it. The fourth looks at the way the UK legislation is working. And the final section concludes with two general reflections. It is based on a study carried out in 2007 for ECLAN, the European Criminal Law Academic Network. Any reader who reaches the end with a thirst for further knowledge will find further refreshment in the book that resulted from the ECLAN study, which was published earlier this year.

The Relationship between the EU and Member States in Constitutional Case Law: A Comparison between Western and Eastern Europe

2008 ◽  
Vol 10 ◽  
pp. 189-198
Author(s):  
Constance Grewe
Keyword(s):  
Turning Point ◽  
Case Law ◽  
Eastern European ◽  
European Law ◽  
Eu Law ◽  
Constitutional Courts ◽  
Member States ◽  
The Relationship ◽  
Constitutional Identity ◽  
The Eu

It is indeed a crucial moment now that Central and Eastern European (CEE) countries have begun to join the EU. The Maastricht Treaty was itself, in several respects, a turning point in European construction; Member States then became aware of the increasing influence of EU law and started to defend their autonomy against the ‘attacks’ stemming from it. With the accession of the CEE states, the ‘Solange story: a story about national constitutional courts resisting a straightforward surrender of national legal sovereignties, and insisting on their own role as guardians of any further transfer of powers from the national to the European level’, can now enter into ‘its chapter 3’. National or constitutional identity is the main arm of resistance, and these national reactions require a rethinking of the relationship between national and European law.

Early Years, 1771–1795

2019 ◽  
pp. 7-23
Author(s):  
Lisa West
Keyword(s):  
New York ◽  
Eighteenth Century ◽  
Social Network ◽  
Final Section ◽  
Early Years ◽  
Moral Issues ◽  
Fourth Section ◽  
The Third

This chapter surveys Charles Brockden Brown’s early biography into five sections. The first provides background on eighteenth-century Quaker history and culture in Philadelphia, including the unlawful arrest and banishment of Elijah Brown, Charles’s father. The second section reviews Brown’s youth, adolescence, and education. The third discusses his law apprenticeship from 1787 to 1793, a period during which he participated in literary clubs, experimented with writing, and developed meaningful friendships. His letters during these years show interest in a variety of moral issues and sometimes critique traditional tenets of Christianity. The fourth section discusses Brown’s early publications and his manuscript epistolary narratives. The final section focuses on the years 1793–1795, when Brown strengthened connections with the New York intellectual circle and distanced himself from his Philadelphia social network, culminating in a cogent rejection of Christianity.

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