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Not a day passes without political discussion of immigration. Reception of immigrants, their treatment, strategies seeing to their inclusion, management of migration flows, limitation of their numbers, the selection of immigrants; all are ongoing dialogues. European Societies, Migration, and the Law shows that immigrants, regardless of their individual status, their different backgrounds, or their different histories and motivations to move across borders, are often seen as 'the other' to the imaginary society of nationals making up the receiving (nation-)states. This book provides insights into this issue of 'othering' in the field of immigration and asylum law and policy in Europe. It provides an introduction to the mechanisms of 'othering' and reveals strategies and philosophies which lead to the 'othering' of immigrants. It exposes the tools applied in the implementation and application of legislation that separate, deliberately or not, immigrants from the receiving society.
Law, Democracy and the European Court of Human Rights examines the political rights jurisprudence of the European Court of Human Rights. It discusses how the Court supports a liberal representative and substantive model of democracy, and outlines the potential for the Court to interpret the Convention so as to support more deliberative, participatory and inclusive democratic practices. The book commences with an overview of different theories of democracy and then discusses the origins of the Council of Europe and the Convention and presents the basic principles on the interpretation and application of the Convention. Subsequent chapters explore issues around free expression, free assembly and association, the scope of the electoral rights, the right to vote, the right to run for election and issues about electoral systems. Issues discussed include rights relating to referendums, voting rights for prisoners and non-nationals, trade union rights and freedom of information.
With its contextualized analysis of the European Court of Human Rights' (ECtHR) engagement in Turkey's Kurdish conflict since the early 1990s, Limits of Supranational Justice makes a much-needed contribution to scholarships on supranational courts and legal mobilization. Based on a socio-legal account of the efforts of Kurdish lawyers in mobilizing the ECtHR on behalf of abducted, executed, tortured and displaced civilians under emergency rule, and a doctrinal legal analysis of the ECtHR's jurisprudence in these cases, this book powerfully demonstrates the Strasbourg court's failure to end gross violations in the Kurdish region. It brings together legal, political, sociological and historical narratives, and highlights the factors enabling the perpetuation of state violence and political repression against the Kurds. The effectiveness of supranational courts can best be assessed in hard cases such as Turkey, and this book demonstrates the need for a reappraisal of current academic and jurisprudential approaches to authoritarian regimes.
With the decline of public funding and new strategies pursued by interest groups, foreign private foundations and donors have become growing contributors to the European human rights justice system. These groups have created their own litigation teams, have increasingly funded NGOs litigating the European Courts, and have contributed to the content and supervision of the European judgements, which all have direct effects on the growth and procedure of human rights. European Human Rights Justice and Privatisation analyses the impacts of this private influence and the resultant effects on international relations between states, including the orientation of European jurisprudence towards Eastern countries and the promotion of private and neo-liberal interests. This book looks at the direct and indirect threat of this private influence on the independency of the European justice and on the protection of human rights in Europe.
In their fight against the debt crisis, the European Union and its member states took measures that have profoundly changed the euro. It now differs fundamentally from when it was introduced by the Treaty of Maastricht. Surprisingly, this change has come about with hardly any formal amendment to the Union's 'basic constitutional charter', the Treaties. How, then, to understand it? This book argues that the constitution of the EU has transformed, which occurs when constitutions change without amendment. The transformation is characterized by a broadening of the currency union's stability conception from price stability to also financial stability. Using solidarity as a lens, the book conceptualises the unity of the member states and analyses how this was preserved during the crisis. Subsequently, it explains how that changed the currency union's set-up and why the European Court of Justice could not turn against the change in Pringle and Gauweiler.
The process of European constitutionalisation is met with extensive scepticism in current national legal and political spheres and in broader circles of public opinion across Europe. By shedding light on these concerns, this book reveals a widespread misunderstanding of constitutional federalism, which permeates the Member State courts, popular media, and many academic communities. A failure to address confusion over this fundamental concept is leading us towards impoverished development of the EU's 'Second Constitution', and even ensuring that the role of both domestic and international European courts in enriching the constitutionalisation process is overlooked and undervalued. In a bid to avoid such consequences, this book explores how federalism and further constitutionalisation - rightly understood in a dialogue of the European courts - may actually change this process and allow a clearer advance toward Europe's Second Constitution for, but also with, the people of Europe.
This path-breaking addition to the Comparative Politics of Education series studies the influence of public opinion on the contemporary politics of education reform in Western Europe. The authors analyze new data from a survey of public opinion on education policy across eight countries, and they also provide detailed case studies of reform processes based on interviews with policy-makers and stakeholders. The book's core finding is that public opinion has the greatest influence in a world of 'loud' politics, when salience is high and attitudes are coherent. In contrast, when issues are salient but attitudes are conflicting, the signal of public opinion turns 'loud, but noisy' and party politics have a stronger influence on policy-making. In the case of 'quiet' politics, when issue salience is low, interest groups are dominant. This book is required reading for anyone seeking to make sense of policy-makers' selective responsiveness to public demands and concerns.
This is the first comprehensive overview of the waves of protest mobilization that spread across Europe in the wake of the Great Recession. Documenting the extent of these protests in a study covering thirty countries, including the issues they addressed and the degree to which they replicated each other, this book maps the prevalence and nature of protest across Europe, and explains the interactions between economic and political grievances that lead to protest mobilization. The authors assess a range of claims in the literature on political protest, arguing that they tend both to overstate the importance of anti-austerity sentiments and underestimate the relevance of political grievances in driving the protest. They also integrate a study of the electoral and protest arenas, revealing that electoral mass politics has been heavily influenced protest mobilization, which amplified electoral punishment at the polls.
The European Union of today cannot be studied as it once was. This original new textbook provides a much-needed update on how the EU's policies and institutions have changed in light of the multiple crises and transformations since 2010. An international team of leading scholars offer systematic accounts on the EU's institutional regime, policies, and its community of people and states. Each chapter is structured to explain the relevant historical developments and institutional framework, presenting the key actors, the current controversies and discussing a paradigmatic case study. Each chapter also provides ideas for group discussions and individual research topics. Moving away from the typical, neutral account of the functioning of the EU, this textbook will stimulate readers' critical thinking towards the EU as it is today. It will serve as a core text for undergraduate and graduate students of politics and European studies taking courses on the politics of the EU, and those taking courses in comparative politics and international organizations including the EU.
From the French Revolution onwards, constituent power has been a key concept for thinking about the principle of popular power, and how it should be realised through the state and its institutions. Tracing the history of constituent power across five key moments - the French Revolution, nineteenth-century French politics, the Weimar Republic, post-WWII constitutionalism, and political philosophy in the 1960s - Lucia Rubinelli reconstructs and examines the history of the principle. She argues that, at any given time, constituent power offered an alternative understanding of the power of the people to those offered by ideas of sovereignty. Constituent Power: A History also examines how, in turn, these competing understandings of popular power resulted in different institutional structures and reflects on why contemporary political thought is so prone to conflating constituent power with sovereignty.
Today it often appears as though the European Union has entered existential crisis after decades of success, condemned by its adversaries as a bureaucratic monster eroding national sovereignty: at best wasteful, at worst dangerous. How did we reach this point and how has European integration impacted on ordinary people's lives - not just in the member states, but also beyond? Did the predecessors of today's EU really create peace after World War II, as is often argued? How about its contribution to creating prosperity? What was the role of citizens in this process, and can the EU justifiably claim to be a 'community of values'? Kiran Klaus Patel's bracing look back at the myths and realities of integration challenges conventional wisdoms of Europhiles and Eurosceptics alike and shows that the future of Project Europe will depend on the lessons that Europeans derive from its past.
Despite formal UN and European Commission commitments to improve gender imbalances, progress towards gender equality in wealth and pay has progressed at a discouragingly slow pace in recent decades. European countries have been more proactive in their support for corrective policies, such as family leave and gender quotas for corporate boards, yet measuring the effectiveness of these policies has proven difficult. This book offers a close comparative analysis of gender-targeted policies in Europe, providing an in-depth overview of how public policy is shaping gender equality, and how the presence of women in the economy and decision-making positions is itself shaping public policy. Paola Profeta bases her analysis on new data and an innovative interdisciplinary perspective for understanding the relationship between gender, equality and public policy, and their final impact on the European economy and society, with lessons that resonate beyond Europe.
At a time of significant concern about the sustainability of the global economy, businesses are eager to display responsible corporate practices. While rulemaking for these practices was once the prerogative of states, businesses and civil society actors are increasingly engaged in creating private rulemaking instruments, such as eco-labeling and certification schemes, to govern corporate behavior. When does a public authority intervene in such private governance and reassert the primacy of public policy? Renckens develops a new theory of public-private regulatory interactions and argues that when and how a public authority intervenes in private governance depends on the economic benefits to domestic producers that such intervention generates and the degree of fragmentation of private governance schemes. Drawing on European Union policymaking on organic agriculture, biofuels, fisheries, and fair trade, he exposes the political-economic conflicts between private and public rule makers and the strategic nature of regulating sustainability in a global economy.
The failure of the Weimar Republic and the rise of National Socialism remains one of the most challenging problems of twentieth-century European history. The German Right, 1918–1930 sheds new light on this problem by examining the role that the non-Nazi Right played in the destabilization of Weimar democracy in the period before the emergence of the Nazi Party as a mass party of middle-class protest. Larry Eugene Jones identifies a critical divide within the German Right between those prepared to work within the framework of Germany's new republican government and those irrevocably committed to its overthrow. This split was only exacerbated by the course of German economic development in the 1920s, leaving the various organizations that comprised the German Right defenceless against the challenge of National Socialism. At no point was the disunity of the non-Nazi Right in the face of Nazism more apparent than in the September 1930 Reichstag elections.
Populism and authoritarian-populist parties have surged in the 21st century. In the United States, Donald Trump appears to have become the poster president for the surge. David M. Ricci, in this call to arms, thinks Trump is symptomatic of the changes that have caused a crisis among Americans - namely, mass economic and creative destruction: automation, outsourcing, deindustrialization, globalization, privatization, financialization, digitalization, and the rise of temporary jobs - all breeding resentment. Rather than dwelling on symptoms, Ricci focuses on the root of our nation's problems. Thus, creative destruction, aiming at perpetual economic growth, encouraged by neoliberalism, creates the economic inequality that fuels resentment and leads to increased populism. Ricci urges political scientists to highlight this destruction meaningfully and substantively, to use empirical realism to put human beings back into politics. Ricci's sensible argument conveys a sense of political urgency, grappling with real-world problems and working to transform abstract speculations into tangible, useful tools. The result is a passionate book, important not only to political scientists, but to anyone who cares about public life. This title is also available as Open Access on Cambridge Core.
Organizing Against Democracy investigates some of the most important challenges modern democracies face, filling a distinctive gap in the literature, both empirically and theoretically. Ellinas examines the attempts of three of the most extreme European far-right parties to establish roots in local societies, and the responses of democratic actors. He offers a theory of local party development to analyze the many factors affecting the evolution of far-right parties at the subnational level. Using extraordinarily rich data, the author examines the 'lives' of local far-right party organizations in Greece, Germany and Slovakia, studying thousands of party activities and interviewing dozens of party leaders and functionaries, and antifascists. He goes on to explore how and why extreme parties succeed in some local settings while, in others, they fail. This book broadens our understanding of right-wing extremism, illuminating the factors limiting its corrosiveness.
The rise of Euroscepticism and populist backlash pose a dramatic challenge to the EU and highlight the EU's growing legal powers over core areas of state sovereignty. Authored by leading academics and policymakers, this book provides a comprehensive and cutting-edge analysis of the fields of EU law at the heart of contemporary political debates - economic policy, human migration, internal security, and constitutional fundamentals at the national level. Following the specialist contributions, the conclusion draws out critical, cross-cutting lessons for improving legitimacy and advancing the rule of law, rights and democracy in sovereignty-sensitive areas of EU law. Accessible to students, this volume is an invaluable resource for researchers and scholars of EU law and politics.