Discussing the fundamental role played by the principles of equality and non-discrimination in the EU legal order, this insightful book explores the positive and negative elements that have contributed to the consolidation of the process of EU legal integration. Providing an in-depth analysis of the three key dimensions of equality in the EU -- equality as a value, equality as a principle and equality as a right -- this incisive book investigates the place and scope of equality within the founding values of the EU. It does this by examining the use of the principle of equality in the case-law of the Court of Justice, as well as the rights conferred on individuals via equality in secondary legislation, and the interaction between equality in the Charter of Fundamental Rights and as a general principle of EU law. Presenting an up-to-date analysis of the role played by equality in blending the economic and social elements of EU legal integration, Equality and Non-Discrimination in the EU will be an important read for scholars and students of EU and constitutional law, as well as practitioners and EU officials.

This timely book provides an astute assessment of the institutional and constitutional boundaries, interactions and tensions between the different levels of governance in EU criminal justice. Probing the conceptual and theoretical underpinnings of the EU's approach to transnational crime, it proposes improved mechanisms for public participation in the governance of EU criminal law, designed to ensure better transparency, accountability and democratic controls. Influential scholars from across Europe analyse key practical challenges to the governance of EU criminal law in the context of specific crimes, including financial crime, cybercrime and environmental crime. Offering sector-specific perspectives on tackling transnational crime, insightful chapters examine the potential options for criminal-law cooperation between the EU and the UK after Brexit, and consider to what extent these avenues may represent enhanced mechanisms for the governance of transnational crimes and common security threats in the future. This important study will prove crucial reading for academics, researchers and postgraduate students examining EU, transnational and comparative criminal law, as well as European integration studies and constitutional law more broadly. Practitioners and policy-makers working in the EU's Area of Freedom, Security and Justice will also benefit from this book's practical insights into the mechanisms of EU law and justice.

Comparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has been long neglected in comparative constitutional studies. This timely and invigorating book showcases a novel comparative approach termed "slow comparison" counters the conceptual focus on nation-states in comparative studies and develops a broader understanding of democratic constitutionalism. In the context of the contemporary crisis of constitutional democracy, triggered by populism, majoritarianism and authoritarianism, chapters continue older ongoing debates about multiculturalism, identity politics and democratic equality that hold important insights for both India and the EU to deal with contemporary challenges. This book will be an important read for scholars of comparative constitutional law and theory. It will also benefit those studying EU law and Indian constitutional law.

This timely book assesses national and supranational bilateral approaches to dealing with the rising tide of migration into the European Union via the Mediterranean Sea. International law and EU migration law specialists critically assess the legal tools adopted to engage with the 'refugee crisis'. While the EU works to develop a unified approach to Mediterranean transit and origin countries, the authors argue that a crucial role should be accorded to individual states in finding a solution to this complex and sensitive situation. Historical and political factors playing into migration strategies are discussed, and the legal framework underpinning the bilateral and regional schemes on which the northern and southern shores of the Mediterranean seek to cooperate on migration is also examined. Migration-related issues, such as search and rescue at sea, human rights and policing are explored throughout the book. Comparing the bilateral arrangements Southern EU Member States have made with the Mediterranean countries of origin and the regional bilateralism conducted by the EU, expert authors assess how best to achieve a coherent model. This will be an essential read for academics and scholars in international and European migration law, environmental politics and policy; practitioners and policymakers working on migration issues, and NGOs. Contributors include: C. Billet, M. Borraccetti, G. Borzoni, F. Casolari, M. Di Filippo, M. Gatti, I. Gonzalez Garcia, F. Ippolito, K.D. Magliveras, A. Ott, M. Ovadek, E. Papastavridis, I. Sammut, F. Seatzu, P. Van Elsuwege, J. Wouters, V. Zvezda

Lawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a 'lawful' or an 'unlawful' revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments. Adjudicating Revolution includes, first, cases in which courts decide to recognize the actions of a de facto regime under a doctrine of necessity, with the objective of maintaining public order. Second, cases where courts directly confront the question of whether a revolution has resulted in the creation of a genuinely new constitutional order. Finally, cases in which courts are asked by state officials to recognize, in advance, the validity of otherwise revolutionary changes (i.e. the irregular creation of a new constitution) proposed by state officials. The book examines, from a theoretical and comparative perspective, judgments from North and Latin America, Europe, Asia, and Africa. Placing the cases in their historical and political context, the authors provide an understanding of key moments in the constitutional history of the relevant jurisdictions. The resulting analysis will be of interest to academics and graduate students of comparative constitutional law and constitutional theory, political science, and related disciplines.