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British policy towards European integration has been one of the most divisive issues in British politics since 1945. Based on a detailed evaluation of the newly-accessible government records, of the Conservative Party records, private papers and interviews, this timely book analyses British European policy between 1945 and de Gaulle's veto against British EEC membership in 1963. It explores, in particular, the ambiguities in Britain's first EEC application of 1961. The epilogue highlights some of the most important continuities in British European policy until the present.
Decades after the previously unimaginable horrors of the Nazi extermination camps and the dropping of nuclear bombs on Hiroshima and Nagasaki, their memories remain part of our lives. In academic and human terms, preserving awareness of this past is an ethical imperative. This volume concerns narratives about—and allusions to—World War II across contemporary Europe, and explains why contemporary Europeans continue to be drawn to it as a template of comparison, interpretation, even prediction. This volume adds a distinctly interdisciplinary approach to the trajectories of recent academic inquiries. Historians, sociologists, anthropologists, linguists, political scientists, and area study specialists contribute wide-ranging theoretical paradigms, disciplinary frameworks, and methodological approaches. The volume focuses on how, where, and to what effect World War II has been remembered. The editors discuss how World War II in particular continues to be a point of reference across the political spectrum and not only in Europe. It will be of interest for those interested in popular culture, World War II history, and national identity studies.
The idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easily embedded in authoritarian, nativist rhetoric and vulnerable to being abused. In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the concept of constitutional identity to further their illiberal goals. Employing a comparative theoretical perspective, his book identifies the factors behind legitimate constitutional identity claims and critically analyses the ways in which these claims can be abused. Scholtes examines abuses of constitutional identity in three distinct theoretical dimensions: generative, substantive, and relational. The generative dimension looks at how constitutional identity claims come about, while the substantive dimension examines a claim's broader relation to a normative theory of constitutionalism. The relational dimension, on the other hand, considers how constitutional identity claims are advanced and whether they are employed as a means of constitutional dialogue or constitutional disengagement.
Three questions surround the interpretation and application of Article 82 of the EC Treaty. What is its underlying purpose? Is it necessary to demonstrate actual or likely anticompetitive effects on the market place when applying Article 82? And how can dominant undertakings defend themselves against a finding of abuse? Instead of the usual discussion of objectives, Liza Lovdahl Gormsen questions whether the Commission's chosen objective of consumer welfare is legitimate. While many Community lawyers would readily accept and indeed welcome the objective of consumer welfare, this is not supported by case law. The Community Courts do not always favour consumer welfare at the expense of economic freedom. This is important for dominant undertakings' ability to advance efficiencies and for understanding why the Chicago and post-Chicago School arguments cannot be injected into Article 82.
The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.
The European Union is a distinctive creation. There have been several examples of countries that have forged links in ventures of mutual benefit, but in aim, method and achievement this union has gone much further than the others.From the beginning, the EU has always been more than just a customs union. It has aimed for an ever closer union of its peoples and has developed supranational institutions with powers binding upon its members. Since its creation in 1993 it has also grown in size and in the extent of its responsibilities. Integration and intergovernmentalism have been the two forces at work in the evolution of the Community into the Union of 27 members today.In this volume the author sets out to provide an authoritative study of the EU, which clearly explains how it functions and makes it intelligible to a wide readership.
A comprehensive account of how Europeans have used violence to conquer, coerce and police in pursuit of imperialism and colonial settlement
This eagerly awaited new edition has been significantly revised after extensive user feedback to meet current teaching requirements. The first major textbook to be published since the rejuvenation of the Lisbon Treaty, it retains the best elements of the first edition – the engaging, easily understandable writing style, extracts from a variety of sources showing the creation, interpretation and application of the law and comprehensive coverage. In addition it has separate chapters on EU law in national courts, governance and external relations reflecting the new directions in which the field is moving. The examination of the free movement of goods and competition law has been restructured. Chapter introductions clearly set out what will be covered in each section allowing students to approach complex material with confidence and detailed further reading sections encourage further study. Put simply, it is required reading for all serious students of EU law.
This book provides a detailed critical analysis of the jurisprudence of the European Court of Human Rights on domestic abuse. Such abuse affects vast numbers of people throughout all nations of the world. Although it was not until 2007 that domestic abuse was considered substantively by the European Court of Human Rights, it has now been established that such abuse can constitute a violation of the right to life under Article 2 of the European Convention on Human Rights; the right to be free from torture or inhuman or degrading treatment under Article 3; the right to respect for private and family life under Article 8; and the prohibition of discrimination under Article 14. The book analyses how conceptualisations of domestic abuse in the Court's jurisprudence have evolved, for example, in relation to a more consistent use of Article 3 in such cases, a recognition of coercive control, and the framing of domestic abuse as gender-based discrimination. It also explores the development of the Court's understanding of domestic abuse, for example, as regards to how the ‘Osman test’ should be applied in this context. Additionally, the book discusses the Court's approach to issues such as cyber violence and child contact in the context of domestic abuse. The book will appeal to academics and researchers from a wide variety of disciplines, such as criminal law, criminology, social policy, human rights, family law, gender studies and sociology, as well as practitioners and those in the voluntary sector who are working in the area of combating domestic abuse. The book could also be used beneficially on courses at both undergraduate and postgraduate levels which incorporate the topic of domestic abuse.