1,721,095 research outputs found
From world actor to local community: territoriality and the scope of application of EU law
No full textThis chapter offers a reconstruction of the case law of the Court of Justice of the European Union in relation to the territorial scope of application of EU law. Thus, it will focus on the manner in which the Court approaches the question of whether EU law should apply to cases that are at least partly connected to non-EU jurisdictions. This is a topic that has attracted significant interest in recent years from EU lawyers as well as experts in public and private international law, given in particular how EU law has been said to take the role of a ‘world actor’ in tackling problems that lack a clear geographical basis, such as the protection of personal data, environmental degradation or competition law. Under the most common understanding, the question of the territorial applicability of EU law is essentially a functional one: the scope of application of EU law will be that which is required by the effective pursuit of whatever goal is at stake, which may mean that in many instances it will apply ‘extraterritorially’. It will however be argued that this leaves aside an important dimension of the territorial applicability of EU law – its contribution to the construction of the EU legal system as a ‘local community’. Indeed, the EU legal system should not only be seen as an institutional tool in the promotion of certain objectives, but should also be understood as a space of inclusion and exclusion. It will not only be argued that this is a necessary dimension to EU law’s scope of application, but also that this dimension is already present in the case law. This will be seen through a study of three different lines of cases, where the Court deduces the applicability of EU law from the location of a legal relationship, the imperativeness of the particular EU legal regime, and the integrity of the EU legal system as a whole
Citoyenneté européenne et nouvelles « valeurs de droite »
No full textDe nombreuses études montrent que les Européens placeraient désormais au centre de leurs préoccupations les questions relatives à l’immigration et à l’Islam ; ils seraient en majorité soucieux d’une perte des valeurs morales et déterminés à formuler une demande d’autorité, d’ordre et de sécurité. Cela se traduit, dans les discours et dans les textes de droit, par une extension de la notion de citoyenneté dans le sens d’une citoyenneté « culturelle ». La proposition est de réunifier les citoyens sous le signe de l’adhésion à des valeurs communes et de consacrer le retour d’une morale commune de comportement dans une société faisant primer les devoirs sur les droits. Dans ce bref texte, l’auteur se demande ce qui passe, de cette transformation sociale et conceptuelle, dans le droit de l’Union européenne.There are studies that show that Europeans are highly concerned with questions relating to immigration and Islam; they are in majority worried about a loss of moral values, and keen to formulate a demand for authority, order and security. This results, in political discourses, in the media and in legal texts, in an extension of the concept of citizenship in the sense of a "cultural" citizenship. By this, it is meant that citizens should be united under the sign of adherence to common values and subject to a common morality that gives priority to duties over rights. In this short contribution, the author raises the question as to whether and how EU law reacts to this social and conceptual transformation
Das Regieren des Exils
No full textIn the past decade, the perception of the European Union’s (EU) asylum policy has transformed profoundly. From a minor area of European integration with low stakes, the government of forced mobility became an existential question for the future of the Union’s open borders project. Since the governance crisis that followed the arrival of large numbers of Syrian refugees in 2015-2016, the Common European Asylum System (CEAS) has been under constant reform, but profound wedges divide the European partners, who experience and handle migration and asylum in very different ways. Meanwhile, on EU green borders and coastlines, in makeshift camps and high-tech detention centres, on the streets of European cities and in the waves of the Mediterranean sea, people in search of refuge are routinely neglected, mistreated, or even killed in the exercise of border violence. A growing body of scholarship is dedicated to the poor record of asylum integration, and a genuine boom in academic interest has occurred in recent years, owing to the new salience of migration and asylum. Certainly imperfect and unfinished, the CEAS is nevertheless a complex and highly sophisticated legal regime. Rather than discarding its moral legitimacy or political relevance outright, this dissertation is dedicated to understanding the rationalities and mechanisms of the EU’s government of exile. Mobilising the toolkit of governmentality analysis, based on the late work of Michel Foucault, and further developed e.g. by William Walters and Thomas Lemke, I explore the genealogy of the CEAS, asking the question: Who is the refugee in this system? What are refugees represented to be? What measures were developed in response, and how adequate are these measures to reach the goals set initially?
At the crossroads of political science, political sociology and legal history, this dissertation combines two research methods. Firstly, I conducted a qualitative content analysis of a large corpus of 459 documents produced by EU institutions to identify the categories used to talk about refugees, and mapped the corresponding policy narratives establishing policy diagnoses and formulating policy prognoses. Secondly, I used process tracing to reconstruct the evolution of the relevant legal provisions in the CEAS legislation, in order to identify what was modified, discarded or left untouched in the legislating process, and the narratives based on which each actor justified their position. In answer to “who is the refugee in the CEAS”, I demonstrate that legal subjects were produced in EU asylum policy on the basis of the codification of a language that relies on low-stakes, bureaucratic terms. Further, I trace the construction of hierarchies among the categories of protection and asylum, grounded in narratives on legitimate and illegitimate forms of mobility, as well as forms of contestation and resistance against the transcription of negative representations of refugees into law. To explore the government of exile, I then turned to the question: who gets to be a refugee*. Here, I analyse in detail the four technologies of government – deflection, triage, suspicion and mitigation – that were developed for the conduct of conducts – i.e. to govern the behaviours of refugees and national authorities, in order to bring about the imagined order envisaged in prognostic narratives, as well as the resistance hereto. By documenting in depth the influence of binary narratives about refugees in the genealogy of EU asylum policy, this study contributes to the further development of critical interpretative approaches to EU integration and builds an empirically sound bridge between critical accounts of the early years of EU integration and the crisis-centred literature
The Question of Competence in the European Union
No full textThe classic debate surrounding the prolific role of the European Union in defining spheres of competence and power relationships has long divided scholarly opinion. However, in recent years, the long-standing acquiescence to the broad powers of the Union has given way to the emerging perception of a competence problem in Europe. For a long period it was taken for granted that the European Community could act whenever its action was justified on the basis of the widely interpreted objectives of the Treaties. However this context has since changed. There is a widespread perception of a competence problem in Europe and the overabundance of provisions limiting the Union's competences is one of the most obvious marks left by the Lisbon Treaty. This book discusses the extent to which the parameters of power throughout the Union and its Member States have been recast by the recent implementation of the Lisbon Treaty and doctrines developed by the European Court of Justice. Comprised of contributions from a vast array of leading practitioners and academics in the field of EU Law, this volume assesses the debate surrounding the political identity of the European Union, and further illustrates the relevance of the Federal theory of sharing competences for the development of EU Law. Finally, the question of new potential limits to Union's competence is addressed. If anything, this broad reflection on the notion of competence in the EU law context is a way of opening up the question of the nature and contours of the political identity of the European Union. (Publisher's abstract
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Le rôle constitutionnel de la Cour de justice des Communautés européennes tel qu'il se dégage de sa jurisprudence
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La Constitution et l'intégration. Les deux sources de l'Union européenne en formation
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