Islam, Europe and Emerging Legal Issues brings together vital analysis of the challenges that Europe poses for an expanding Islam and that Islam poses for Europe, within their ever-evolving religious, legal, and social environments. This book gathers some of the best thinking on Islam and the law affecting current and contested issues that can no longer be ignored, particularly as they have found their way before the European Court of Human Rights. Contributors include leading authorities who are working at the heart of this generation's law and religion questions in Europe and across the world. This book outlines implications for all those who look to Europe-from both within and without-for models of human rights implementation and multi-cultural accommodation.

How have national identities changed, developed and reacted in the wake of transition from communism to democracy in Central and Eastern Europe? Central and Eastern Europe After Transition defines and examines new autonomous differences adopted at the state and the supranational level in the post-transitional phase of the post-Communist area, and considers their impact on constitutions, democracy and legal culture. With representative contributions from older and newer EU members, the book provides a broad set of cultural points for reference. Its comparative and interdisciplinary approach includes a useful selection of bibliographical resources specifically devoted to the Central Eastern European countries' transitions.

From the viewpoint of migration and asylum policy and the fight against terrorism, justice and home affairs is a key policy area. It is also an area that raises important challenges and questions with regard to the preservation of fundamental freedoms. This engaging volume examines the emerging European Union area of freedom, security and justice at a time when key policy priorities are taking shape within the EU. Bringing together contributors from different backgrounds, the volume is ideal for students and scholars of European studies, law, political science, political theory and sociology.

The European Union is in a state of transformation with its constitutional future the subject of much heated debate. This book provides a durable, authoritative and comprehensive account of constitutional development, examining the pivotal roles of law and judicial politics in establishing the EU constitutional edifice. Michael Longo demonstrates and substantiates the arguments for and against constitutionalization through the development of a theoretical framework drawing on theories and empirical research in both law and political science to understand this new process of European integration.

Commentators have shown how a 'culture of security' ushered in after the terrorist attacks of 11 September 2001 has involved exceptional legal measures and increased recourse to secrecy on the basis of protecting public safety and safeguarding national security. In this context, scholars have largely been preoccupied with the ways that increased security impinges upon civil liberties. While secrecy is justified on public interest grounds, there remains a tension between the need for secrecy and calls for openness, transparency and disclosure. In law, secrecy has implications for the separation of powers, due process, and the rule of law, raising fundamental concerns about open justice, procedural fairness and human rights. Beyond the counterterrorism and legal context, scholarly interest in secrecy has been concerned with the credibility of public and private institutions, as well as the legacies of secrecy across a range of institutional and cultural settings. By exploring the intersections between secrecy, law and society, this volume is a timely and critical intervention in secrecy debates traversing various fields of legal and social inquiry. It will be a useful resource for academic researchers, university teachers and students, as well as law practitioners and policymakers interested in the legal and socio-legal dimensions of secrecy.

Having long been a neglected issue, the policing of protest began to attract considerable attention in the 1990s, climaxing in the events in Seattle of 1999. These protests and the changing political climate since September 11, 2001 mean that a new cycle of protest is challenging the concept of law and order and civil liberties. This book examines how new policing styles are developing using case studies from North America and Europe. The volume brings together researchers from a number of disciplines - sociology, criminology, political science and mass communication - who focus on new forms of political protest, policing and public order.

This book addresses the viability of the EU economic and social model within and after the global economic crisis. It identifies four key issues which warrant further discussion: (1) the asymmetry of the legal and policy framework of the euro and potential recalibration; (2) substantive tensions between the EU 'economic constitution' and its normative aim of social justice and impacts on national policy; (3) the role of civil society, including the two sides of industry in overcoming these tensions; and (4) the EU's global aspirations towards the creation of a viable socio-economic model. Its chapters offer two perspectives on each of the four main issues. In drawing these debates together, the book provides a broad understanding as well as starting points for future research. Bringing together different disciplinary approaches, ranging from legal studies to political economy, sociology and macroeconomics, it is a valuable contribution to the debate on the European social model and introduces new insights by focusing on legal and political tensions, the impact of the financial crisis and other economic contexts as well as global dimensions.

Islam and Political-Cultural Europe identifies the sometimes confusing and often contentious new challenges that arise in daily life and institutions as Islam settles deeper into Europe. Critiquing past and recent assimilation efforts in the fields of education, finance, and security, the contributors offer prospective solutions to diverse contemporary problems. Exploring the interactions of Muslim, Christian and secular cultures in the context of highly pluralized contemporary European societies, this book offers a valuable tool for those within and outside Europe seeking to understand the far-reaching implications of combining cultures, the struggles of the Muslim-Christian-secular transition, and the progress which the future promises.

This volume focuses on a highly challenging aspect of all European democracies, namely the issue of combining guarantees of judicial independence and mechanisms of judicial accountability. It does so by filling the gap in European scholarship between the two policy sectors of enlargement and judicial cooperation and by taking full stock of an interdisciplinary literature, spanning from comparative politics, socio-legal studies and European studies. Judicial Accountabilities in New Europe presents an insightful account of the judicial reforms adopted by new member States to embed the principle of the rule of law in their democratic institutions, along with the guidelines of quality of justice promoted by European institutions in all member States.

The challenge of thinking about the place of constitutionalism beyond the conventional categories of the nation state has become a principal concern for legal and political scholars. This book casts this issue in a different light by exploring the implications for the constitutionalism of legal integration in the European Union's 'area of freedom, security and justice'. In doing so it makes a novel contribution to an understanding of the European Union as a political community beyond the state, but in addition explores how this entails thinking differently about what is essential concerning constitutionalism. The book argues that instead of seeking to theorise constitutional foundations we actually begin to encounter the constitutional life implied by political and legal practices in the European Union and as exemplified here by 'the area of freedom, security and justice'.

During the past few decades, industrialized countries have witnessed a progressive crisis of the regulatory framework sustaining the binary model of the employment relationship based on the subordinate employment/autonomous self-employment dichotomy. New atypical and hybrid working arrangements have emerged, challenging the traditional notions of, and divisions between, autonomy and subordination. This in turn has strained labour law systems across industrialized countries that were previously based on the notion of dependent and subordinate employment to cast their personal scope of application. Nicola Countouris advances ideas for a new dynamic equilibrium in employment law to accommodate this evolution, providing a comparative account of the development of the employment relationship in four key European countries - the UK, Germany, France and Italy.

Drawing upon socio-legal research, this insightful book considers labour migration within the context of ('eastward') European Union enlargement. Specifically, this volume explores the legal rights of accession nationals to access employment, their experiences once in work and their engagement with broader family and social entitlement. By combining analysis of the legal framework governing free movement-related rights with analysis of qualitative data gained from interviews with Polish migrants, this volume is able to speculate on the significance the status of Union citizenship holds for nationals of the recently-acceded CEE Member States. Citizenship is conceptualised not merely as rights but as a practice; a real 'lived' experience. The citizenship status of migrants from the CEE Member States is shaped by formal legal entitlement, law in action - as it is implemented by the Member States and 'accessed' by the migrants - and social and cultural perceptions and experiences 'on the ground'.

This book examines EU enlargement by studying how domestic constitutional evolution in the new member states contributes to European integration. In contrast to the usual top-down analytical pattern, it reverses the paradigm by looking at constitutional developments and dynamics from the bottom-up, studying how domestic constitutional evolution contributes to European integration. The authors analyze constitutional trends from the perspective of 'new Member States' as policy-makers and not strictly as policy-takers. The issue of conditionality is also explored in a discussion of the extent to which pre-2004 and 2007 conditionality has had lasting effects at the level of constitutionalization of different areas and norms and if so, of what kind. The exploration of Europeanization effects in recent Member States substantiates and demonstrates how enlargement has been an important driving-force for the effective export of EU legal rules in this region. The book utilizes a comparative approach to highlight the merits and obstacles created by the growing diversity in the constitutional rules and patterns of the new Member States. It also contains a section that places the CEE constitutionalizing map in a broader comparative European and global context, establishing links with similar transitional regimes in the continent and elsewhere.

This book opens up a range of important perspectives on law and violence by considering the ways in which their relationship is formulated in literature, television and film. Employing critical legal theory to address the relationship between crime fiction, law and justice, it considers a range of topics, including: the relationship between crime fiction, legal reasoning and critique; questions surrounding the relationship between law and justice; gender issues; the legal, political and social impacts of fictional representations of crime and justice; post-colonial perspectives on crime fiction; as well as the impact of law itself on the crime fiction's development. Introducing a new sub-field of legal and literary research, this book will be of enormous interest to scholars in critical, cultural and socio-legal studies, as well as to others in criminology, as well as in literature.

This book presents a collection of essays on key topics and new perspectives on the EU's Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts. Europe's area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with 'mainstream' EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important 'meta' issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.

This book discusses how the plurality of legal norms operating in the European Union can be balanced to produce a functioning, sustainable and legitimate legal system. Presenting a conceptual framework for assessing and comparing transformations of national judicial systems in the context of EU membership, the book contributes to the EU legal theoretical debate on the relationship between 'authority' and 'coherence'. The author develops an original analytical framework of coherence to assess the application of EU law by national courts and uses interdisciplinary scientific methods and research design that combine legal doctrinal and social science methodology to the study of 'classical' legal questions. Providing an extensive database of 2004-2009 national judgments of national courts in Latvia and Estonia, the book offers an extensive comparative review of the jurisprudence of constitutional and supreme courts, as well as providing insight into the jurisprudence of ordinary national courts. It will appeal to legal scholars and political scientists studying courts and jurisprudence.

This book examines the role and impact of EU, international human rights and refugee law on national laws and policies for integration and argues for a broad understanding of the relationship between integration and the law. It analyses the legal foundations of integration at the international and regional levels and examines the interaction of national, EU and international legal spheres, highlighting the significance of these dimensions of the relationship between integration and the law. The book draws together these central themes to enhance our understanding of the connections between integration and the law. It also makes specific recommendations for the development of holistic, human-rights based approaches to integration in EU Member States. The book will be of value to academics and researchers working in the areas of immigration, and refugee law, as well as those interested in cultural diversity both from a legal and sociological perspective.

The notion of property in work has deep historical roots in the common law tradition, but is yet to receive the attention it deserves. In this timely and thought-provoking book, Wanjiru Njoya contrasts ideas of ownership and property rights in English, American and European labour law, and considers their practical implications. The author's contention that shared ownership within a stakeholder theory of the firm allows better protection of both shareholders' and employees' interests in the large public corporation, puts employee-participation firmly back on the corporate governance agenda. The book offers a refreshing new perspective on how a more socially desirable balance between economic flexibility and job security may be achieved.

On 5 November 2002, the European Court of Justice delivered its 'open-skies' judgment, a landmark decision which may be the beginning of a new era in the regulation of international air law. The consequences of this judgment may not only affect the European Union and its Member States; this book shows how it could change the future regulation of international aviation worldwide. The first part of this book describes the difficulties arising from the fact that the competence for the regulation of air transportation in Europe is divided between the EU and the Member States. This division of power will also affect the conclusion of air-service agreements made with countries outside of Europe. In the second part of the book, the author examines a subject that was not part of the 'open-skies' judgment, but which he believes will become a problematic consequence: the distribution of air-traffic rights within the European Union.

This book engages with and advances the current debate on new governance by providing a much-needed analysis of its relationship with the courts. New modes of governance have produced a plethora of instruments and actors at various levels that present a challenge to more traditional forms of command-and-control regulation. In this respect, it is commonly maintained that new governance generally - and political experimentation more broadly - weakens the power of the courts, producing a legitimacy problem for new forms of governance and, perhaps more fundamentally, for law itself. Focusing on the European Union, this book offers a new account of the role of the courts in new governance. Connecting new governance with the conception of deliberative democracy, this book demonstrates how the role of courts has been transformed by the legal and political experimentation currently taking place in the European Union. Drawing on a series of case studies, it is argued that, although deliberations in governance frameworks provide little by way of hard, binding law, these collaborative frameworks nevertheless condition judicial decision making. With far-reaching implications for how we understand the justiciability of 'soft law', participation rights, the legitimacy of governance measures, and the role of courts beyond the nation-state, this book argues that, far from undermining the power of the courts, governance regimes assist their functioning. Its analysis will therefore be of considerable interest for lawyers, political scientists and anyone interested in the transformation of the judiciary in the era of new governance.

The intersections of law and contemporary culture are vital for comprehending the meaning and significance of law in today's world. Far from being unsophisticated mass entertainment, comics and graphic fiction both imbue our contemporary culture, and are themselves imbued, with the concerns of law and justice. Accordingly, and spanning a wide variety of approaches and topics from an international array of contributors, Graphic Justice draws comics and graphic fiction into the range of critical resources available to the academic study of law. The first book to do this, Graphic Justice broadens our understanding of law and justice as part of our human world-a world that is inhabited not simply by legal concepts and institutions alone, but also by narratives, stories, fantasies, images, and other cultural articulations of human meaning. Engaging with key legal issues (including copyright, education, legal ethics, biomedical regulation, and legal personhood) and exploring critical issues in criminal justice and perspectives on international rights, law and justice-all through engagement with comics and graphic fiction-the collection showcases the vast breadth of potential that the medium holds. Graphic Justice will be of interest to academics and postgraduate students in: cultural legal studies; law and the image; law, narrative and literature; law and popular culture; cultural criminology; as well as cultural and comics studies more generally.

This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.

This book examines the paved road as a liminal space and legal frontier for enlivened, everyday struggles over property, power, and place/definition. This book explores paved medium of asphalt as a complex surface for legality that constitutively frames order against disorder involving jurisdiction tensions, property ownership, and cultural identities in vehicular environments. Will be of interest to students and scholars.

This book explores the ways language is used by the professional legal community for the communication of its main business - the negotiation of justice - in today's globalized world. The volume addresses three main aspects of language use in the negotiation of justice. Beginning with the legal contexts of litigation, arbitration and mediation, the book moves on to discuss the main issues identified in those contexts and finally it explores the applications of legal linguistics. These three aspects are studied across the themes of analyses of legal discourse and genres, issues of power and ideology in the use of legal language, cross-cultural legal communication, questions of recontextualization, accessibility and plain language, law and disciplinary identity, and pedagogy of legal language. With chapters set across a variety of jurisdictions, the contributions offer analytical insights into the interface between law and language. The book is a valuable resource for those in the legal community wishing to increase their understanding of the use of language for the negotiation of justice.

Almost two decades ago, the fall of the Santer Commission against a background of allegations of maladministration and nepotism had the effect of placing accountability on the political agenda of the EU institutions. More recently, the non-ratification of the Constitutional Treaty, the difficulties of the ratification of the Lisbon Treaty and the current financial crisis have increased the calls for accountability in the EU. This book investigates whether any progress towards more accountability and transparency has been made in the post-Lisbon era by taking a holistic approach to the subject. Marios Costa argues that currently the EU institutions and the Member States are not in a position to hold the so-called independent agencies as well as the various committees and expert groups accountable. Despite recent progress, the EU still needs to put forward an acceptable constitutional framework which will truly secure accountability at the EU level of governance.