Suchergebnisse

This book sets out a vision for another Europe: one that cherishes diversity, listens to its public, and is sensitive to its younger generations. It is a call for a re-imagination of the European project, as a response to the three biggest crises that the EU has had to endure – the Euro-zone crash, the refugee crisis, and Brexit. These crises demonstrate a fundamental weakness at the heart of the EU: it struggles with making legitimate decisions when member states disagree about how to proceed. This book offers a guide out of this mess. It discusses how the EU can make better use of the trust between its citizens, and how it can reform itself internally so that it can actually listen to those citizens. It also offers ten original policy proposals – from the scandalously ambitious to the prosaic – to show what another Europe could look like. Floris de Witte is Associate Professor in the Department of Law at the London School of Economics and Political Science, UK

The claims of justice are universal, yet we need the structures of the nation state to implement its policies. This book argues that the EU is able to overcome this paradox. It suggests that EU law, and in particular the right to free movement, creates connections and solidarity between citizens to broaden our understanding of justice.

The claims of justice are universal, yet we need the structures of the nation state to implement its policies. This book argues that the EU is able to overcome this paradox. It suggests that EU law, and in particular the right to free movement, creates connections and solidarity between citizens to broaden our understanding of justice

This article discusses how EU law makes sense of the encounters between wild animals and humans. Using the case law of the ECJ that involves wolves and hamsters, this article suggests that EU law is faced with the complex challenge of creating legal categories that can articulate and reflect animal autonomy. Two such legal categories are traced. A first focuses on animal agency and their mobility, assimilating – in legal terms – the movement of wild animals to that of persons crossing borders. A second focuses on animal alterity, that is, the fundamental otherness of wild animals. It is argued that only the latter allows us to make legally legible the conditions under which wildness manifests itself – not as a counterpoint to humanness, but as a meeting between species.
animal autonomy, animal agency, animal alterity, Habitats Directive, Birds Directive

This contribution suggests that recent changes to EU free movement law have led to the emergence of a new type of subject: the liminal European. This subject is deemed to deserve the protection of EU law, in terms of the rights of residence and equal treatment in the host state, only when she is economically productive and socially adaptive. These changes pose a fundamental challenge to the authority of the EU, whose legal order is premised on its ability to challenge domestic processes of subjugation, exclusion, and precarity, which it is now, instead, starting to perpetuate. Being European is increasingly a status that is deeply precarious and conditional: a transitory state that is bestowed on rather than inhabited by the European. This notion of liminality is not only a useful descriptive category with which to analyse recent changes in EU free movement law. It also comes with significant normative implications for the EU and its legal order.

Abstract
This contribution suggests that recent changes to EU free movement law have led to the emergence of a new type of subject: the liminal European. This subject is deemed to deserve the protection of EU law, in terms of the rights of residence and equal treatment in the host state, only when she is economically productive and socially adaptive. These changes pose a fundamental challenge to the authority of the EU, whose legal order is premised on its ability to challenge domestic processes of subjugation, exclusion, and precarity, which it is now, instead, starting to perpetuate. Being European is increasingly a status that is deeply precarious and conditional: a transitory state that is bestowed on rather than inhabited by the European. This notion of liminality is not only a useful descriptive category with which to analyse recent changes in EU free movement law. It also comes with significant normative implications for the EU and its legal order.

The past years has seen a dramatic rise in the contestation of the European Union and its policies. This article seeks to understand this rise as a result of the way in which we 'do' integration. This method, which heavily relies on the use of law to prevent the creation of negative externalities among the Member States, has increasingly limited the scope for political self-determination within and between the Member States. The ensuing contestation, it is argued, cannot solely be resolved by re-assessing the role of law in the process of integration, but requires a significant institutional reconfiguration as well.