The Legitimacy of The European Union through Legal Rationality

The Legitimacy of The European Union through Legal Rationality PDF

Author: Richard Ball

Publisher: Routledge

Published: 2013-10-15

Total Pages: 374

ISBN-13: 1136011528

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Third country nationals (TCNs) play an important part in the economy of the European Union, reflected in the rights granted to them under European Union Law. Political expediency is however shaped by world, regional and domestic influences that in turn determine policy towards third country nationals and their legal rights to freedom of movement. This book examines the concept of political legitimacy within the European Union through the principles of legal rationality, focusing in particular on the European Union’s policy towards third country nationals. Richard Ball argues that for legal doctrine to be rational it must display the requirements of formal, instrumental and substantive rationality, each mutually exclusive and essential. In taking this position of legal rationality, the book focuses on free movement rights of TCNs within EU treaties and implementing legislation, the Area of Freedom Security and Justice, and Association Agreements. Ball concludes that the stance of European Union Law towards third country nationals lacks legitimacy, and suggests possible new directions that EU policy should take in the future.

The Legitimacy of The European Union through Legal Rationality

The Legitimacy of The European Union through Legal Rationality PDF

Author: Richard Ball

Publisher: Routledge

Published: 2013-10-15

Total Pages: 438

ISBN-13: 1136011609

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Third country nationals (TCNs) play an important part in the economy of the European Union, reflected in the rights granted to them under European Union Law. Political expediency is however shaped by world, regional and domestic influences that in turn determine policy towards third country nationals and their legal rights to freedom of movement. This book examines the concept of political legitimacy within the European Union through the principles of legal rationality, focusing in particular on the European Union’s policy towards third country nationals. Richard Ball argues that for legal doctrine to be rational it must display the requirements of formal, instrumental and substantive rationality, each mutually exclusive and essential. In taking this position of legal rationality, the book focuses on free movement rights of TCNs within EU treaties and implementing legislation, the Area of Freedom Security and Justice, and Association Agreements. Ball concludes that the stance of European Union Law towards third country nationals lacks legitimacy, and suggests possible new directions that EU policy should take in the future.

The Crisis of the European Union

The Crisis of the European Union PDF

Author: Jürgen Habermas

Publisher: John Wiley & Sons

Published: 2014-03-03

Total Pages: 128

ISBN-13: 0745681530

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Translated by Ciaran Cronin. In the midst of the current crisis that is threatening to derail the historical project of European unification, Jürgen Habermas has been one of the most perceptive critics of the ineffectual and evasive responses to the global financial crisis, especially by the German political class. This extended essay on the constitution for Europe represents Habermas’s constructive engagement with the European project at a time when the crisis of the eurozone is threatening the very existence of the European Union. There is a growing realization that the European treaty needs to be revised in order to deal with the structural defects of monetary union, but a clear perspective for the future is missing. Drawing on his analysis of European unification as a process in which international treaties have progressively taken on features of a democratic constitution, Habermas explains why the current proposals to transform the system of European governance into one of executive federalism is a mistake. His central argument is that the European project must realize its democratic potential by evolving from an international into a cosmopolitan community. The opening essay on the role played by the concept of human dignity in the genealogy of human rights in the modern era throws further important light on the philosophical foundations of Habermas’s theory of how democratic political institutions can be extended beyond the level of nation-states. Now that the question of Europe and its future is once again at the centre of public debate, this important intervention by one of the greatest thinkers of our time will be of interest to a wide readership.

Debating the Democratic Legitimacy of the European Union

Debating the Democratic Legitimacy of the European Union PDF

Author: Beate Kohler-Koch

Publisher: Rowman & Littlefield

Published: 2007

Total Pages: 406

ISBN-13: 9780742554924

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Recoge: 1. Democracy. -- 2. What future for parliamentary democracy in the EU. -- 3. The public sphere and civil society: prerequisites for democratically legitimate rule making. -- 4. Democracy and political participation. -- 5. Deliberative democracy.

The Search for a European Identity

The Search for a European Identity PDF

Author: Furio Cerutti

Publisher: Routledge

Published: 2008-06-30

Total Pages: 247

ISBN-13: 1134063741

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Makes the innovative effort of examining the interplay between political identity and legitimacy in the unprecedented but also unfinished development of the European Union into a fully fledged political actor.

Legitimacy and the European Union

Legitimacy and the European Union PDF

Author: Thomas F. Banchoff

Publisher: Taylor & Francis

Published: 1999

Total Pages: 226

ISBN-13: 9780415181891

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Since the Maastricht ratification debate of the early 1990s, the legitimacy of the European Union has become a subject of controversy. With unprecedented force, Europeans have begun to question the need for deeper integration. Some fear threats to established national identities, while others perceive the emergence of a distant but powerful Brussels, beyond the reach of democratic control. Legitimacy and the European Union breaks with established approaches to the problem of the legitimacy of the European Union by focusing on the recent trend towards reconceptualization of the EU not as a superstate or an organization of states, but as a multi-level, contested polity without precedent. The book examines the implications of this reconceptualization for the problem of legitimacy. Individual chapters focus on policy areas, institutions and identity politics. Taken together, they reach two main conclusions. While Europeans do not strongly identify with the EU, they increasingly recognize it as a framework for politics alongside existing national and subnational structures. And while the EU lacks central democratic institutions, the integration process has spawned significant informal and pluralist forms of representation. Rethinking recognition and representation ouside the context of the nation state points to important, if little understood, actual and potential sources of EU legitimacy.

Political Representation and Legitimacy in the European Union

Political Representation and Legitimacy in the European Union PDF

Author: Hermann Schmitt

Publisher: Oxford University Press, USA

Published: 1999

Total Pages: 332

ISBN-13: 9780198296614

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How severe a problem is what may be called the democratic deficit of the European Union? This volume elaborates a conceptual framework for the empirical analysis of the alleged democratic deficit.

EU Law, Fundamental Rights and National Democracy

EU Law, Fundamental Rights and National Democracy PDF

Author: Eduardo Gill-Pedro

Publisher: Routledge

Published: 2019-08-01

Total Pages: 250

ISBN-13: 1351176331

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The orthodox view is that rights complement democracy. This book critically examines this view in the context of EU fundamental rights, specifically in situations where EU law requires member states to respect EU fundamental rights. It first sets out a legal theoretical account of how human rights can complement democracy. It argues that they can do so only if they are understood as both the conditions for the democratic process, and the outcome of such a democratic process. In light of this legal theoretical account of human rights, this book examines the demands which the Court of Justice of the EU (CJEU) imposes on the national orders in respect of EU fundamental rights. The conclusion reached is that the demands which EU fundamental rights impose on national legal orders entail a cost for the democratic legitimacy of those legal orders. Ultimately, accepting the demands of the CJEU in respect of EU fundamental rights may require the national legal order to abandon its commitment to protecting the human rights which are the foundation of the national legal order’s very legitimacy.