Europe at the Crossroads of Free Markets and Human Rights: The Emergence of a Europe of Human Rights in the Shadow of the EU
In: Europe at a Crossroad, S. 247-268
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In: Europe at a Crossroad, S. 247-268
With globalization and Europeanization, profound changes have taken place in the composition and structure of elites. Once solidly tied to the nation state, elites have, following processes of differentiation and specialization, become more transnational than ever before. Their development has been conditioned by the evolving relationship between international, transnational, and national powers. In the European context, key institutional players today include the European Commission, the European Ombudsman and the European Court of Justice as aspiring representatives of the general European interest and the Council of Ministers and member states as representing national interests in the EU. Their relationship and changing interfaces are crucial when assessing the development of non-elected political elites as well as more generally the rise of an institutionalized and integrated Europe. ; peerReviewed
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In: Les formes de l'activité politique, S. 277-277
In: Madsen , M R & Gammeltoft-Hansen , T 2021 , ' Regime Entanglement in the Emergence of Interstitial Legal Fields: Denmark and the Uneasy Marriage of Human Rights and Migration Law ' , Nordiques , vol. 2021 , no. 40 , pp. 1-19 . https://doi.org/10.4000/nordiques.1518
This article examines the political and legal processes through which human rights and migration law have become confounded – what we in this article more generally refer to as regime entanglement. Regime entanglement implies that different areas of law not only interact but are more fundamentally entwined and mutually impacted. Human rights and migration have historically had distinct trajectories in European law and politics, but the recent coupling of the two, we argue, have transformed both. Migration law has gained legal momentum and judicial empowerment from increasingly engaging human rights law and institutions; human rights law has gained legitimacy for its universalist aspirations by developing, albeit slowly, a jurisprudence on non-nationals' rights. Yet, the coupling has also been politically contentious – at times even explosive – which has in turn challenged both fields of law. Although this entanglement is a general European development, the article applies a more situated approach, using Denmark as a case for understanding how these two legal regimes have been implemented and interacted in national law and politics.
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