National Identity in EU Law (Hardcover)

Despite nearly sixty years of European integration, neither nations nor national loyalties have withered away. On the contrary, national identity rhetoric seems on the rise, not only in politics but also in legal discourse. Lately we have seen a rise in the number of Member States invoking their national identity in an attempt to justify a derogation from a requirement imposed on them by a Treaty article or an EU legislative act, or to legitimize a particular national reading of such an EU norm. Despite this, the European Court of Justice (ECJ) has yet to develop a coherent approach to such arguments, or express a vision of the role national identity should play in EU law. Elke Cloots undertakes this task by providing a principled and coherent scheme for the adjudication of disputes involving claims based on the national identity of a Member State. Should arguments involving national identity be legally relevant? If yes, how should the ECJ approach such identity-related interests? Cloots crafts a normative framework to assist the ECJ in striking the right balance between European integration and respect for the identity concerns at issue. The book combines rigorous theoretical inquiry with thorough analysis of the European Treaties and case law, with particular attention paid to litigation involving domestic measures concerning the national system of government, constitutional rights protections, and language policy. Clarifying the issues at stake and presenting a solution to these problems, this book will be an invaluable resource for the academics, lawyers, and policy makers in the field.

General

Imprint:	Oxford UniversityPress
Country of origin:	United Kingdom
Series:	Oxford Studies in European Law
Release date:	February 2015
Authors:	Elke Cloots (Senior Affiliated Researcher)
Dimensions:	240 x 162 x 29mm (L x W x T)
Format:	Hardcover
Pages:	398
ISBN-13:	978-0-19-873376-8
Categories:	Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law Books > Humanities > Philosophy > Topics in philosophy > Social & political philosophy Books > Law > International law > Settlement of international disputes > International courts & procedures Books > Social sciences > Politics & government > International relations > International institutions > EU & European institutions Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law > General Books > Philosophy > Topics in philosophy > Social & political philosophy Promotions
LSN:	0-19-873376-3
Barcode:	9780198733768

Is the information for this product incomplete, wrong or inappropriate? Let us know about it.

Does this product have an incorrect or missing image? Send us a new image.

Is this product missing categories? Add more categories.

Review This Product

No reviews yet - be the first to create one!