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The changes made by the Lisbon Treaty suggest that its entry into force in December 2009 marks a new stage in the shaping of the EU's commitment to the protection of fundamental rights. This book's concern is to provide an examination of the several (and interlocking) challenges which the Lisbon reforms present. The book will not only address the fresh and intriguing challenges for the EU as an entity committed to the protection and promotion of fundamental rights presented by developments 'post-Lisbon', but also a number of conundrums about the scope and method of protection of fundamental rights in the EU which existed 'pre-Lisbon' and which endure. The book consists of three parts. The first part is concerned with the safeguarding of fundamental rights in Europe's internal market. The second part of the book is entitled 'The Scope of Fundamental Rights in EU Law' and the chapters discuss the reach of fundamental rights and their horizontal dimension. The last part of this book deals with 'The Constitutional Dimension of Fundamental Rights' analysing the special relationship between the ECJ and the ECtHR and the issue of rights competition between the EU Charter on Fundamental Rights, the European Convention on Human Rights and national rights catalogues
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Zusammenfassung In der Krise von 1989/90 boten die Verhandlungen über den Vertrag von Maastricht beste Voraussetzungen für einen europäischen Verfassungsmoment. Doch die öffentliche Debatte blieb fragmentiert und an nationalen Interessen ausgerichtet – nicht zuletzt wegen des zwischenstaatlichen Verfahrens, das dem diplomatischen Kontext größeren Nachrichtenwert verlieh als dem konstitutionellen Inhalt der Reform. Mit einer detaillierten Untersuchung der deutschen, französischen und britischen Pressedebatte gibt dieses Buch empirische Einblicke in eine Schlüsselphase der EU-Integration. Zudem bietet es eine analytische Neuvermessung der Voraussetzungen europäischer Öffentlichkeit sowie des Verhältnisses zwischen politischen Verfahren und Diskursstrukturen. Abstract In the crisis of 1989/90, the negotiations on the Maastricht Treaty offered ideal conditions for a European constitutional moment. But the public debate remained fragmented and focused on national interests — not least because of intergovernmental procedures, which gave more news value to the diplomatic context than to the constitutional content of the reform. With a detailed examination of the German, French and British press debates on this issue, this book provides empirical insights into a key phase of EU integration. Moreover, it offers analytical re-conceptualisation of the conditions of a European public sphere and of the relationship between political procedures and discourse structures.
Publicity. --- European Union. --- European Union. --- Treaty on European Union --- Treaty on European Union (1992 February 7) --- 1900-1999 --- European Union countries.
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This monograph is the first comprehensive analysis of the impact of the entry into force of the Treaty of Lisbon on EU criminal law. By focusing on key areas of criminal law and procedure, the book assesses the extent to which the entry into force of the Lisbon Treaty has transformed European criminal justice and evaluates the impact of post-Lisbon legislation on national criminal justice systems. The monograph examines the constitutionalisation of EU criminal law after Lisbon, by focusing on the impact of institutional and constitutional developments in the field including the influence of the EU Charter of Fundamental Rights on EU criminal law. The analysis covers aspects of criminal justice ranging from criminalisation to judicial co-operation to prosecution to the enforcement of sanctions. The book contains a detailed analysis and evaluation of the powers of the Union to harmonise substantive criminal law and the influence of European Union law on national substantive criminal law; of the evolution of the Europeanisation of prosecution from horizontal co-operation between national criminal justice to forms of vertical integration in the field of prosecution as embodied in the evolution of Eurojust and the establishment of a European Public Prosecutor's Office; of the operation of the principle of mutual recognition (by focusing in particular on the European Arrest Warrant System) and its impact on the relationship between mutual trust and fundamental rights; of EU legislation in the field on criminal procedure, including legislation on the rights of the defendant and the victim; of the relationship between EU criminal law and citizenship of the Union; and of the evolution of an EU model of preventive justice, as exemplified by the proliferation of measures on terrorist sanctions. Throughout the book, the questions of the UK participation in Europe's area of criminal justice and the feasibility of a Europe à-la-carte in EU criminal law are examined. The book concludes by highlighting the possibilities that the Lisbon Treaty opens for the development of a new paradigm of European criminal justice, which places the individual (and not the state), and the protection of fundamental rights (and not security) at its core
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The main objective of this book is to present the on-going process of European integration via a comprehensive analysis of the institutional dynamics of, and politics linked with, the emerging migration law and policy of the European Union. More specifically, it presents the historical evolution, the main institutional legislative and policy steps, the position of, and interactions among, the different actors, and the factors impeding the formation of a common policy at EU level. On this basis a critical analysis is provided of the main institutional problems, the current policy framework, the overarching rationale as well as of the content and quality of the nascent EU migration law. The book is divided into three parts. The first two parts provide a comprehensive study of the institutional framework and the substantive EC/EU law respectively. The third and final part provides a more general analysis of the policy-making process. Since the major achievements in the field of migration are recent, the book focuses to a great extent on the post-Amsterdam era. However, for reasons of coherence and in order to better evaluate recent developments, a concise overview of the origins of this policy is provided. Moreover, special emphasis is placed on the Schengen acquis, since its mark on European affairs has been and remains pronounced. Overall the attempt has been to provide an account, which is up to date with extensive historical references and combines both an academic and practical perspective to the legal and political issues involved. The approach based on the above elements will contribute to a new understanding of the main aspects of EU migration law and its policy ramifications and will be of use to both academics and practitioners alike.
Emigration and immigration law --- Treaty on European Union --- Migration. Refugees --- Human rights --- European law --- International private law
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This volume of essays casts light on the shape and future direction of the EU in the wake of the Lisbon Treaty and highlights the incomplete nature of the reforms. Contributors analyse some of the most innovative and most controversial aspects of the Treaty, such as the role and nature of the EU Charter of Fundamental Rights and the relationship between the EU and the European Court of Human Rights. In addition, they reflect on the ongoing economic and financial crisis in the Euro area, which has forced the EU Member States to re-open negotiations and update a number of aspects of the Lisbon 'settlement'. Together, the essays provide a variety of insights into some of the most crucial innovations introduced by the Lisbon Treaty and in the context of the adoption of the new European Financial Stability Mechanism.
European law --- European Union --- Law --- Constitution --- Treaty on European Union --- LAW / International. --- Constitution. --- Law / international. --- Law - European Union countries --- General and Others --- E.U. --- Constitutional law
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In this book, Chiara Nasti analyses the distribution of metaphor scenarios and patterns in the public discourse on the European Lisbon Treaty. Her study on a specialized corpus reveals differences and/or similarities in the argumentation and attitudes of the main UK broadsheet and tabloid newspapers. She summarizes the main theories and identification procedures for metaphor investigation, commenting on some developments in the field of metaphor studies. Following Charteris-Black's Critical M...
Metaphor. --- Discourse analysis. --- Discourse grammar --- Text grammar --- Semantics --- Semiotics --- Parabole --- Figures of speech --- Reification --- European Union --- E.U. --- Constitution --- Press coverage --- Treaty on European Union --- Lisbon Treaty --- Traité de Lisbonne --- Treaty of Lisbon --- Vertrag von Lissabon --- Traktat z Lizbony
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Given the controversies and difficulties which preceded the coming into force of the Lisbon Treaty, it is easy to forget that the Treaty is a complex legal document in need of detailed analysis for its impact to be fully understood. Jean-Claude Piris, the Director General of the Legal Service of the Council of the European Union, provides such an analysis, looking at the historical and political contexts of the Treaty, its impact on the democratic framework of the EU and its provisions in relation to substantive law. Impartial legal analysis of the EU's functions, its powers and the treaties which govern it make this the seminal text on the most significant recent development in EU law.
Constitutional law --- Treaty on European Union --- Lisbon Treaty --- Traité de Lisbonne --- Treaty of Lisbon --- Vertrag von Lissabon --- Traktat z Lizbony --- Law --- General and Others --- Constitutional law - European Union countries
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Maastricht and Beyond is a critical assessment of the European Union brought into being by the Treaty of Maastricht. A team of experts provide a clear and thorough appraisal of the main provisions of the Treaty - including the three pillared structure of Economic and Monetary Union, common foreign and security policy and home affairs and justice - showing how these elements will change the function and eventually the character of the European Union. The book draws conclusions from the Maastricht process for the next reform of the Union in 1996, and it examines the practicalities of ac
European federation. --- Federation of Europe --- Pan Europa movement --- Paneuropean federation --- United States of Europe (Proposed) --- Federal government --- Regionalism (International organization) --- Treaty on European Union --- Fördrag om Europeiska unionen --- Maastricht-traktaten --- Maastricht Treaty --- Maastricht Treaty on European Union --- Maastrichtin sopimus --- Perjanjian Maastricht --- Sopimus Euroopan Unionista --- Synthēkē tou Maastricht --- TEU --- Traité de Maastricht --- Traktat o Unii Europejskiej --- Traktat on den Europæiske Union --- Tratado da União Europeia --- Tratado de la Union Europea --- Tratado de Maastricht --- Trattato di Maastricht sull'Unione Europea --- Treaty of Maastricht --- Verdrag betreffende de Europese Unie --- Vertrag über die Europäische Union --- Vertrag von Maastricht --- Europe --- Economic integration.
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"On 1 December 2009 the Treaty of Lisbon entered into force. Although often described as primarily technical, it significantly amended the Treaty on the European Union (TEU) and the old EC Treaty (now the Treaty on the Functioning of the European Union, TFEU). The authors' aim in this book is to explore what the Treaty means for social law and social policy at the European level. The first part of the book on the general framework looks - at a time of financial crisis - for new foundations for Europe's Social market economy, questions the balance between fundamental social rights and economic freedoms, analyses the role of the now binding Charter of Fundamental Rights, maps the potential impact of the horizontal clauses on social policy and addresses the possibilities for social partners to enlarge their role in labour law and industrial relations. The second part, on the social framework of the Treaty, focuses on the development of the Union's competences. In it the authors evaluate the consequences of the new general framework on social competences, analyse the evolution of the principle of subsidiarity and its impact in the new Treaty, look at the coordination of economic policies in the light of fundamental rights, and analyse the adoption in the Treaty of a new architecture for services of general interest."--Bloomsbury Publishing.
Social legislation --- Labor laws and legislation --- Sociological jurisprudence --- 304.1 --- 34 --- P4 --- 334.151.50 --- EEC / European Union - EU -Europese Unie - Union Européenne - UE --- Law --- Law and society --- Society and law --- Sociology of law --- Jurisprudence --- Sociology --- Law and the social sciences --- sociale politiek --- recht - wetgeving --- Europa --- Sociaal beleid : algemeenheden --- Treaty on European Union --- European Union countries --- Social policy. --- Lisbon Treaty --- Traité de Lisbonne --- Treaty of Lisbon --- Vertrag von Lissabon --- Traktat z Lizbony --- European Union --- Constitution. --- Reform. --- Treaty on European Union, --- Droit social --- Droit social (droit européen) --- Sociologie juridique --- Pays de l'Union européenne --- Politique sociale --- Social security law --- Europe --- Social legislation - European Union countries --- Sociological jurisprudence - European Union countries
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The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.
Law. --- International law. --- European Law. --- Constitutional law --- European Union --- Constitution. --- Treaty on European Union --- E.U. --- Law of nations --- Nations, Law of --- Public international law --- Law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Law—Europe. --- Europe.
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