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Republican Europe (Hardcover) (Anna Kocharov)

Republican Europe (Hardcover) (Anna Kocharov) - image 1 of 1

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This volume examines how European Union law is adjusting to ensure continued peace between Member States and how it can strengthen peace in the face of the changing nature of conflicts. It argues that Europe’s crises of governance are based in its constitutional design, which is rooted in obsolete threats to peace, and that it needs to be reconceptualized to prevent and withstand future crises. It explains how the structure of EU legal order contains a strong introvert bias aimed at eliminating threats to peace that originate in the risk of conquest between Member States, and how community law reduces this risk, but makes it vulnerable to external actors not bound by EU law. It describes three dimensions of constitutional adaptation to strengthen peace in the context of tension and the shifting balance between liberal and republican elements in EU law: the shift in the introvert bias from the internal to the external due to increased risks of conquest by actors not bound by EU law; how the need to develop a common policy towards external actors diversifies conflict potential between Member States in conflicts of interest and ideas; and how the rise of conquest through governance leads to expansion of EU powers and the scope of EU constitutional law. It uses a comparative constitutional approach to identify the constitutive elements of EU legal order and their adaptation to the changing nature of conflicts, focusing on the three areas of conflicts, between the national polities, conflicts with actors not bound by EU law, and conflicts internal to every national polity, using policy on migration as an example. It discusses the theoretical framework; law before the Treaty of Lisbon and negative liberty in EU free movement law; the emergence of positive liberty as the foundation for the area of freedom, security, and justice; the reorientation of EU law from conflicts of interests to conflicts of ideas; recent Court of Justice of the European Union case law to illustrate the adjustment of general principles of law to the different types of conflict; and a holistic approach to EU law. Distributed in the US by ISBS. Annotation ©2017 Ringgold, Inc., Portland, OR (protoview.com)
Number of Pages: 198
Genre: Freedom + Security / Law Enforcement
Series Title: Modern Studies in European Law
Format: Hardcover
Publisher: Intl Specialized Book Services
Author: Anna Kocharov
Language: English
Street Date: June 1, 2017
TCIN: 51838693
UPC: 9781509910748
Item Number (DPCI): 248-35-6185
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