National Identity in EU Law

Nonfiction, Reference & Language, Law, Religion & Spirituality, Philosophy, Social & Cultural Studies, Political Science
Cover of the book National Identity in EU Law by Elke Cloots, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Elke Cloots ISBN: 9780191053504
Publisher: OUP Oxford Publication: February 12, 2015
Imprint: OUP Oxford Language: English
Author: Elke Cloots
ISBN: 9780191053504
Publisher: OUP Oxford
Publication: February 12, 2015
Imprint: OUP Oxford
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from OUP Oxford

Cover of the book The Oxford Handbook of the Age of Shakespeare by Elke Cloots
Cover of the book Oxford Studies in Normative Ethics, Vol 7 by Elke Cloots
Cover of the book International Charitable Giving by Elke Cloots
Cover of the book Heroin, Organized Crime, and the Making of Modern Turkey by Elke Cloots
Cover of the book Discord:The Story of Noise by Elke Cloots
Cover of the book Germany and the Second World War by Elke Cloots
Cover of the book An Inquiry into the Nature and Causes of the Wealth of Nations by Elke Cloots
Cover of the book The Mayor of Casterbridge by Elke Cloots
Cover of the book Theory and Practice of Excise Taxation by Elke Cloots
Cover of the book Philosophical Foundations of Fiduciary Law by Elke Cloots
Cover of the book The Nietzschean Self by Elke Cloots
Cover of the book Languages, scripts, and Chinese texts in East Asia by Elke Cloots
Cover of the book Accounting, Organizations, and Institutions by Elke Cloots
Cover of the book Cardiovascular Imaging by Elke Cloots
Cover of the book Contract Law Without Foundations by Elke Cloots
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy