Independence and Legitimacy in the Institutional System of the European Union

Independence and Legitimacy in the Institutional System of the European Union
Author: Dominique Ritleng
Publisher: Oxford University Press
Total Pages: 242
Release: 2016-02-12
Genre: Law
ISBN: 0191082449

As EU non-majoritarian bodies such as the European Commission, the Court of Justice of the European Union, and the European Central Bank grow in political influence, many have identified the pressing need to keep these bodies accountable to the repositories of the EU's democratic legitimacy. This collection of essays sheds light on the inherent tension between independence and legitimacy in the EU's institutional system and explores the options of reconciling the two. Featuring analysis from both legal and political perspectives, the volume assesses whether, to what extent, and how it is possible to control the various EU independent bodies and make them answerable for what they do, while at the same time upholding their independence.

Independence and Legitimacy in the Institutional System of the European Union

Independence and Legitimacy in the Institutional System of the European Union
Author: Dominique Ritleng
Publisher: Oxford University Press
Total Pages: 300
Release: 2016-02-11
Genre: Law
ISBN: 0191082457

As EU non-majoritarian bodies such as the European Commission, the Court of Justice of the European Union, and the European Central Bank grow in political influence, many have identified the pressing need to keep these bodies accountable to the repositories of the EU's democratic legitimacy. This collection of essays sheds light on the inherent tension between independence and legitimacy in the EU's institutional system and explores the options of reconciling the two. Featuring analysis from both legal and political perspectives, the volume assesses whether, to what extent, and how it is possible to control the various EU independent bodies and make them answerable for what they do, while at the same time upholding their independence.

Legitimacy and International Courts

Legitimacy and International Courts
Author: Nienke Grossman
Publisher: Cambridge University Press
Total Pages: 397
Release: 2018-02-22
Genre: Law
ISBN: 1108540228

One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

A Republican Europe of States

A Republican Europe of States
Author: Richard Bellamy
Publisher: Cambridge University Press
Total Pages: 265
Release: 2019-01-31
Genre: Law
ISBN: 1107022282

Examines the democratic legitimacy of international organisations from a republican perspective, diagnoses the EU as suffering from a democratic disconnect and offers 'demoicracy' as the cure.

Perceptions of the Independence of Judges in Europe

Perceptions of the Independence of Judges in Europe
Author: Frans van Dijk
Publisher: Springer Nature
Total Pages: 113
Release: 2020-12-14
Genre: Political Science
ISBN: 3030631435

This open access book is about the perception of the independence of the judiciary in Europe. Do citizens and judges see its independence in the same way? Do judges feel that their independence is respected by the users of the courts, by the leadership of the courts and by politicians? Does the population trust the judiciary more than other public institutions, or less? How does independence of the judiciary work at the national level and at the level of the European Union? These interrelated questions are particularly relevant in times when the independence of the judiciary is under political pressure in several countries in the European Union, giving way to illiberal democracy. Revealing surveys among judges, lay judges and lawyers - in addition to regular surveys of the European Commission - provide a wealth of information to answer these questions. While the answers will not please everyone, they are of interest to a wide audience, in particular court leaders, judges, lawyers, politicians and civil servants.

Europe in 12 Lessons

Europe in 12 Lessons
Author: Pascal Fontaine
Publisher:
Total Pages: 114
Release: 2017
Genre: Europe
ISBN: 9789279535901

Financial Crisis Management and Democracy

Financial Crisis Management and Democracy
Author: Bettina De Souza Guilherme
Publisher: Springer Nature
Total Pages: 372
Release: 2020-12-09
Genre: Business & Economics
ISBN: 3030548953

This open access book discusses financial crisis management and policy in Europe and Latin America, with a special focus on equity and democracy. Based on a three-year research project by the Jean Monnet Network, this volume takes an interdisciplinary, comparative approach, analyzing both the role and impact of the EU and regional organizations in Latin America on crisis management as well as the consequences of crisis on the process of European integration and on Latin America’s regionalism. The book begins with a theoretical introduction, exploring the effects of the paradigm change on economic policies in Europe and in Latin America and analyzing key systemic aspects of the unsustainability of the present economic system explaining the global crises and their interconnections. The following chapters are divided into sections. The second section explores aspects of regional governance and how the economic and financial crises were managed on a macro level in Europe and Latin America. The third and fourth sections use case studies to drill down to the impact of the crises at the national and regional levels, including the emergence of political polarization and rise in populism in both areas. The last section presents proposals for reform, including the transition from finance capitalism to a sustainable real capitalism in both regions and at the inter-regional level of EU-LAC relations.The volume concludes with an epilogue on financial crises, regionalism, and domestic adjustment by Loukas Tsoukalis, President of the Hellenic Foundation for European and Foreign Policy (ELIAMEP). Written by an international network of academics, practitioners and policy advisors, this volume will be of interest to researchers and students interested in macroeconomics, comparative regionalism, democracy, and financial crisis management as well as politicians, policy advisors, and members of national and regional organizations in the EU and Latin America.

Sovereignty in Post-Sovereign Society

Sovereignty in Post-Sovereign Society
Author: Jiří Přibáň
Publisher: Routledge
Total Pages: 284
Release: 2016-03-09
Genre: Law
ISBN: 1317052080

Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.

Differentiated Integration

Differentiated Integration
Author: Dirk Leuffen
Publisher: Palgrave Macmillan
Total Pages: 0
Release: 2012-10-03
Genre: Political Science
ISBN: 9780230246430

Far from displaying a uniform pattern of integration, the European Union varies significantly across policy areas, institutional development and individual countries. Why do some policies such as the Single Market attract non-EU member states, while some member states choose to opt out of other EU policies? In answering these questions, this innovative new text provides a state-of-the-art introduction to the study of European integration. The authors introduce the most important theories of European integration and apply these to the trajectories of key EU policy areas – including the single market, monetary policy, foreign and security policy, and justice and home affairs. Arguing that no single theory offers a completely convincing explanation of integration and differentiation in the EU, the authors put forward a new analytical perspective for describing and explaining the institutions and policies of the EU and their development over time. Written by a team of prominent scholars in the field, this thought-provoking book provides a new synthesis of integration theory and an original way of thinking about what the EU is and how it works.