This book focuses on three European asylum procedures and the evidentiary assessment carried out in these. The interrelationship between these procedures and legal systems influencing them is ...explored and questions in relation to the harmonizing strivings of EU are posed.
This substantial and original book examines how the EU Private International Law (‘PIL’) framework is functioning and considers its impact on the administration of justice in cross-border cases ...within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research-project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law. Volume 20 in the series Studies in Private International Law
The Common Security and Defence Policy maps out how the EU – established primarily to be an economic organisation – can purposefully prepare for and apply the use of military force. In this ...insightful work, Per M. Norheim-Martinsen argues that, since the EU is not a state but nevertheless does embody some non-intergovernmental characteristics, neither EU studies nor strategic studies is sufficient for fully understanding the Policy itself. Combining the two fields, the author utilises the instrumentality and clarity of the strategic approach, while retaining an understanding of the unique character of the EU as a strategic actor. In so doing, he provides a fruitful conceptual framework for analysing the development of the CSDP, how it functions in practice and how it will continue to evolve in the face of the challenges which lie ahead. This book will appeal to scholars and advanced students of European studies, international relations and strategic studies.
The European Union today stands on the brink of radical institutional and constitutional change. The most recent enlargement and proposed legal reforms reflect a commitment to democracy: stabilizing ...political life for citizens governed by new regimes, and constructing a European Union more accountable to civil society. Despite the perceived novelty of these reforms, this book explains (through quantitative data and qualitative case analyses) how the European Court of Justice has developed and sustained a vibrant tradition of democratic constitutionalism since the 1960s. The book documents the dramatic consequences of this institutional change for civil society and public policy reform throughout Europe. Cichowski offers detailed empirical and historical studies of gender equality and environmental protection law across fifteen countries and over thirty years, revealing important linkages between civil society, courts and the construction of governance. The findings bring into question dominant understandings of legal integration.
The European Court of Justice is widely acknowledged to have played a fundamental role in developing the constitutional law of the EU, having been the first to establish such key doctrines as direct ...effect, supremacy and parallelism in external relations. Traditionally, EU scholarship has praised the role of the ECJ, with more critical perspectives being given little voice in mainstream EU studies. From the standpoint of legal reasoning, Gerard Conway offers the first sustained critical assessment of how the ECJ engages in its function and offers a new argument as to how it should engage in legal reasoning. He also explains how different approaches to legal reasoning can fundamentally change the outcome of case law and how the constitutional values of the EU justify a different approach to the dominant method of the ECJ.
Why do politicians and civil servants commission research and what use do they make of it in policymaking? The received wisdom is that research contributes to improving government policy. Christina ...Boswell challenges this view, arguing that policymakers are just as likely to value expert knowledge for two alternative reasons: as a way of lending authority to their preferences; or to signal their capacity to make sound decisions. Boswell develops a compelling new theory of the role of knowledge in policy, showing how policymakers use research to establish authority in contentious and risky areas of policy. She illustrates her argument with an analysis of European immigration policies, charting the ways in which expertise becomes a resource for lending credibility to controversial claims, underpinning high-risk decisions or bolstering the credibility of government agencies.
Conflict prevention and crisis management has become a key activity for the EU since the creation of the Common Security and Defence Policy in 1999. The rapid growth of this policy area, as well as ...the number of missions deployed beyond the EU’s border raise important questions about the nature of the EU’s international role and its contribution to international security.
The Contributions to EU Conflict Prevention and Crisis Management analyze European conflict prevention and crisis management in terms of the EU’s evolving global role, its institutions and its policies. The volume analyzes the EU’s position in relation to the US, the UN and other regional security organizations, and applies three different institutionalist perspectives – historical, rational choice and sociological institutionalism - to explain the increasing institutionalization of EU crisis management. It also critically analyzes the application of EU policies in West Africa, Afghanistan and the Caucasus. Providing a comprehensive analysis of EU crisis management, the volume explores what role EU conflict prevention and crisis management plays in a European and a global context.
Offering a comprehensive and original contribution to the literature on EU foreign and security policy, this volume will be of interest to students and scholars of European politics, international relations and security studies.
"A comprehensive, well-structured and original contribution to the literature on the EU’s foreign and security policy." - Nicole Koenig, The International Spectator, Vol. 47, 3, 2012
Eva Gross is Senior Research Fellow at the Institute for European Studies, Vrije Universiteit Brussel and a visiting lecturer at the University of Kent: Brussels School of International Studies. Research interests include the role of the EU as a global actor, the Europeanization of national foreign and security policy, transatlantic relations and EU conflict prevention and crisis management policies. She holds a PhD from the London School of Economics and has been a visiting fellow at the Centre for European Policy Studies (CEPS) in Brussels and the EU Institute for Security Studies (EUISS) and CERI Science Po, both in Paris.
Ana E. Juncos is Lecturer in European Politics in the School of Sociology, Politics and International Studies at the University of Bristol. She holds a PhD in Politics, International Relations and European Studies from Loughborough University, where she is currently a Teaching Fellow. Her doctoral research, partly funded by Riksbankens Jubileumsfond through the ‘European Foreign and Security Policy Studies Programme’, focused on the coherence and effectiveness of the EU’s Foreign and Security Policy in Bosnia (1991-2006). Previously, she won a scholarship at the Spanish National Council for Scientific Research and worked as a research assistant at the University of Ottawa (Canada). She holds a degree in Political Science and Public Management (University Complutense of Madrid) and a European Humanities Diploma (Université Sorbonne Nouvelle, Paris).
1. Introduction Eva Gross and Ana E. Juncos Part I: Roles 2. The EU’s Role in International Crisis Management: Innovative Model or Emulated Script? Xymena Kurowska and Thomas Seitz 3. European Union Conflict Prevention and Crisis Management and the European Security Architecture Emma J. Stewart Part II: Institutions 4. Introducing Governance Arrangement for EU Conflict Prevention and Crisis Management Operations: A Historical Institutionalist Perspective Petar Petrov 5. Conceptualising the EU as a Civil-Military Crisis Manager: Institutional Actors and their Principals Nadia Klein 6. The Other Side of EU Crisis Management: A Sociological Institutionalist Analysis Ana E. Juncos Part III: Policies 7. The EU in West Africa: From Developmental to Diplomatic Policy? Marie Gibert 8. The EU in Afghanistan: Crisis Management in a Transatlantic Setting Eva Gross 9. The EU in Georgia: Towards a Coherent Crisis Management Strategy? Giselle Bosse 10. Conclusion and Outlook Eva Gross and Ana E. Juncos
This book examines the politics of Banking Union and EMU reform in the EU, and draws lessons for what it means for international politics, both in Europe, and for international relations more ...broadly. It demonstrates that most of the reforms in Europe to break free of the Eurozone and banking crises in which Europe continues to find itself focus on building up the capacities of national authorities rather than European ones. The result is that national authorities remain largely in control of the decisions and funds that are to be deployed to prevent economic disaster if a single EU bank fails. The likely outcome is an accelerated balkanization of the European market for the foreseeable future.
The book also contends that power politics, and realism in particular, is a defining feature of European politics with coercion and enforced national responsibility at the demand of Germany; the dominant form of institution-building that established the responsible sovereignty model, and shut down the possibility of alternatives. In making this case, the book demonstrates that the dominant view in international relations, that power politics best explains the behaviour of states, also apply to the EU.
This text will be of key interest to scholars and students of the Eurozone crisis, EU politics, economic policy, and more broadly to political economy, public policy and international relations.
In Challenging Parties, Changing Parliaments, Miki Caul Kittilson examines women’s presence in party politics and national legislatures, and the conditions under which their entrance occurs. She ...theorizes that parties are more likely to incorporate women when their strategy takes into account the institutional and political “opportunity structures” of both the party and party system. Kittilson studies how women pressed for greater representation, and how democratic party systems responded to their demands. Research on women’s representation has largely focused at the national level. Yet these studies miss the substantial variations between parties within and across European democracies. This book provides systematic cross-national and case study evidence to show that political parties are the key mechanism for increasing women’s parliamentary representation. Kittilson uncovers party-level mechanisms that explain the growth in women’s parliamentary participation since the 1970s in ten European democracies. The inclusion of new challengers in party politics is often attributed to mounting pressures from activists and public opinion at large. This book contradicts the conventional wisdom by demonstrating that women’s gains within parties flow not only from pressure from party supporters, but also from calculated efforts made by the central party leadership in a top-down fashion under specific circumstances. Certainly women’s efforts are essential, and they can be most effective when they are framed, timed, and targeted toward the most opportune structures within the party hierarchy. Kittilson concludes that specific party institutions encourage women’s ascendance to the top ranks of power within a political party.
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