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31Aug

"Secession from a Member State and EU Membership: the View from the Union" by Carlos Closa

 Carlos Closa (2016). Secession from a Member State and EU Membership: the View from the Union. European Constitutional Law Review, 12, pp 240-264. doi:10.1017/S1574019616000146.

Abstract: Arguments in favour of a more explicit and clearer EU stance on secession from a member state – two different cases for secession and their implications – the inadmissibility of unilateral secession within the EU – consensual secession does not create a legal entitlement for automatic membership – the need to follow the route of Article 49 TEU – no need for a specific secession provision in EU treaties

http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=10475548&fulltextType=RA&fileId=S1574019616000146

25Mar

BOOK: "Reinforcing Rule of Law Oversight in the European Union" by Carlos Closa and Dimitry Kochenov

This book provides the definitive reference point on all the issues pertaining to dealing with the 'crisis of the rule of law' in the European Union. Both Member State and EU levels are considered. Particular attention is paid to the analysis of the concrete legal bases and instruments that the EU may avail itself of for enforcing rule of law, and the volume clearly demonstrates that a number of legally sound ways of rule of law oversight are available. Contributors are leading scholars who assess the potential role to be played by the various bodies in the context of dealing with the EU's rule of law imperfections.

http://www.cambridge.org/es/academic/subjects/law/european-law/reinforcing-rule-law-oversight-european-union?format=HB&isbn=9781107108882

  • Contains a clear catalogue of all the key means available to boost member state's compliance with the rule of law, appealing to scholars and policy-makers studying the issues of rule of law enforcement in the EU
  • Includes contributions from the foremost specialists in rule of law enforcement, giving readers access to the most relevant and informed research
  • Boasts a clear and balanced analysis, tailored to solve the problems outlined, and discusses concrete solutions for the practical problems the EU is facing

21Jan

Book: "EU Procedural Law" by Koen Lenaerts, Ignace Maselis and Kathleen Gutman- Oxford University Press

Book: "EU Procedural Law" by Koen Lenaerts, Ignace Maselis and Kathleen Gutman- Oxford University Press

http://ukcatalogue.oup.com/product/9780198707349.do

The European Union is unique amongst international organisations in that it has a highly developed and coherent system of judicial protection. The rights derived from Union law can be enforced in court, as opposed to other international organisations whereby enforceability is often far less certain. At the heart of the system of judicial protection in the European Union is the core principle of upholding the rule of law. As such, the stakes are high in the sense that the system of the judicial protection in the European Union must live up to its promise in which individuals, Member States and Union institutions are all guaranteed a route by which to enforce Union law rights.

This book provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines the role and the competences of the Union courts and the types of actions that may be brought before them, such as the actions for infringement, annulment, and failure to act, as well as special forms of procedure, for example interim relief, appeals, and staff cases. In doing so, special attention is given to the fields of EU competition law and State aid. In addition it evaluates the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between EU law and the national procedural frameworks generally. Throughout, it takes account of significant institutional developments, including the relevant changes brought by the entry into force of the Lisbon Treaty and the amendments to the Statute of the Court of Justice of the European Union and the Rules of Procedure of the Court of Justice and the General Court.

21Jan

Book: "The Constitutional Foundations of European Contract Law: A Comparative Analysis", by Kathleen Gutman - Oxford University Press

Book: "The Constitutional Foundations of European Contract Law: A Comparative Analysis", by Kathleen Gutman - Oxford University Press

http://ukcatalogue.oup.com/product/9780199698301.do

Situated within the context of the ongoing debate about European contract law, this book provides a detailed examination of the European Union's competence in the field of contract law. It analyses the limits of Union competence in relation to several relevant Treaty provisions which potentially confer competence on the Union to adopt a comprehensive contract law instrument and the exercise of Union competence in connection with the operation of the principles of subsidiarity, proportionality and sincere cooperation. It also explores the viability of several alternative and complementary routes to the adoption of such an instrument, including enhanced cooperation, an intergovernmental treaty and certain American techniques. Setting forth an elaborate account of the context for this debate and its chronological development at the European level, this book charts the discussions relating to the European Union's competence to regulate contract law and offers a comparative analysis of the approach taken to the approximation of contract law in the American setting. Setting forth a detailed account of the context for this debate and its chronological development at the European level, the book charts the discussions that have occurred within and outside the EU relating to the transnational competence to regulate contract law. Situating European constitutional law within the continued debate about European contract law, it also reflects upon the contract law structure of the United States and examines the viability of alternative and complementary routes to the adoption of a comprehensive instrument of substantive contract law.

21Jan

"Looking ahead: pathways of future constitutional evolution of the EU" by Carlos Closa

Closa, C. (2015). "Looking ahead: pathways of future constitutional evolution of the EU". Directorate General for Internal policies, Citizens´ rights and constitutional affairs. https://www.academia.edu/10242610/Looking_ahead_pathways_of_future_constitutional_evolution_of_the_EU

Abstract: The effects of the economic and fiscal crisis and the institutional instruments created to deal with it have led several actors (from governments and EU bodies to scholars) to propose different EU reforms. Several options exist to accommodate future constitutional development which, in some cases, may require Treaty revision. In this case, future constitutional evolution faces the challenge that the very stringent EU revision requirement (i.e. unanimity) poses. Other available options do not seem totally satisfactory.

18Nov

‘Identity and Economic Rationality: Explaining Attitudes towards the EU in a Time of Crisis’ by Simona Guerra and Fabio Serricchio

‘Identity and Economic Rationality: Explaining Attitudes towards the EU in a Time of Crisis’ by Simona Guerra and Fabio Serricchio

In B. Stefanova (ed.) (2014) The European Union beyond the Crisis: Evolving Governance, Contested Policies, Disenchanted Publics, Ch. 14

https://www.academia.edu/9580014/_Identity_and_Economic_Rationality_Explaining_Attitudes_towards_the_EU_in_a_Time_of_Crisis_with_Fabio_Serricchio_2014_abstract_available_

30Oct

"Angry Young Europeans? Croatian attitudes towards the EU in comparative perspective" by Simona Guerra

"Angry Young Europeans? Croatian attitudes towards the EU in comparative perspective" by Simona Guerra

https://www.academia.edu/7811713/Angry_Young_Europeans_Croatian_attitudes_towards_the_EU_in_comparative_perspective

Abstract: ‘Is something wrong with the Croats?’ was the question addressed in a 2011 contribution to Balkanalysis in 2011 commenting upon low levels of trust towards national and EU institutions in that country. As it approached EU accession only 7% of Croats had ‘a lot of confidence’ in EU institutions, with similarly low levels of trust in political parties (5%) and the national parliament (9%). Despite the fact that support for the EU remained quite stable between 2000 and 2002, with 77-78% of Croats willing to vote in favour of EU accession, increasing levels of opposition worried the government to the extent that it launched a new information campaign in 2006, after the limited success of the first 2001 campaign.

30Oct

Book Chapter: 'Euroscepticism and the Next Enlargements' by Simona Guerra

Book chapter: 'Euroscepticism and the Next Enlargements' by Simona Guerra (Central and Eastern European Attitudes in the Face of Union, Basingstoke: Palgrave Macmillan, 2013)

https://www.academia.edu/8870279/Ch.6_Euroscepticism_and_the_Next_Enlargements_Central_and_Eastern_European_Attitudes_in_the_Face_of_Union_Basingstoke_Palgrave_Macmillan_2013_

24Sep

BOOK: "The political representation of immigrant-origin citizens in local elections: an empirical analysis" (2014), by Santiago Pérez-Nievas, Daniela Vintila, Laura Morales and Marta Paradés

BOOK: "The political representation of immigrant-origin citizens in local elections: an empirical analysis" (2014), by Santiago Pérez-Nievas, Daniela Vintila, Laura Morales and Marta Paradés

Madrid: Spanish Centre for Sociological Research (CIS)

http://libreria.cis.es/libros/la-representacion-politica-de-los-inmigrantes-en-elecciones-municipales/9788474766363/

Abstract: During the last two decades, Spain experienced considerable demographic changes, witnessing a sustained increase of its foreign-born population. Against this general background, this work aims to describe the patterns of political representation of immigrants within the Spanish receiving context, focusing particularly on the local level. In doing so, we use data from two original surveys conducted to multiple political parties in municipalities with high concentration of immigrant-origin residents. The first sample focuses on the nomination of immigrant candidates on the electoral lists presented by parties with representation at the national and regional level for the last three local elections, in all municipalities where one of the following groups - Romanians, Moroccans, Bulgarians and Latin Americans - represent at least 15 per cent of the population. The second sample looks exclusively at the 2011 local elections in the region of Madrid, with a survey conducted to parties in all the municipalities of the region where immigrant origin residents constitute at least 15 per cent of the population.

Our findings point towards a substantive pattern of under-representation of immigrants, as all groups show levels of representation lower than we would expect following descriptive representation criteria. However, the data also shows interesting inter-group variation, with some immigrant communities being more likely to benefit from the new opportunities of political representation than others. Finally, the study also addresses the issue of the potential impact of different factors on immigrants’ political representation, thus helping to better understand the reasons behind this variation between groups and municipalities.

21Sep

BOOK: "Ethnic Citizenship Regimes: Europeanization, Post-war Migration and Redressing Past Wrongs" (2011), by Aleksandra Maatsch

BOOK: "Ethnic Citizenship Regimes: Europeanization, Post-war Migration and Redressing Past Wrongs" (2011), by Aleksandra Maatsch

Palgrave Macmillan

http://www.palgrave.com/page/detail/?sf1=id_product&st1=478710

Abstract: National citizenship is still the last bastion of states' sovereignty, meaning that EU institutions cannot exercise any direct influence on national citizenship legislation in the EU member states. On the other hand, the process of political integration in the EU, international human rights' development and globalization are claimed to have indirectly challenged states' exclusive competences in that legal area. As a consequence of these processes a number of questions arise: what kind of national citizenship has developed in the member states of the European Union? Which principles have informed it? Which factors have triggered the legislative reforms? This book sheds light on the processes that have transformed national citizenship of the European Union's member states and explains the legislative changes that have taken place since the mid-1980s in Germany, Hungary and Poland.

21Sep

¨Institutional design of democratic conditionality in regional organizations¨, by Carlos Closa, EUI Working Paper RSCAS 2013/45

¨Institutional design of democratic conditionality in regional organizations¨, by Carlos Closa

European University Institute, Robert Schuman Centre for Advanced Studies, Global Governance Programme, EUI Working Paper RSCAS 2013/45

https://www.academia.edu/3782400/Institutional_design_of_democratic_conditionality_in_regional_organizations

Abstract Democratic conditionality accession clauses have become increasingly common in certain international organisations. Similarly, provisions on suspension of membership because of breaches of democratic order have emerged. Why do regional organisations introduce these kin of clauses? In most cases, they developed after 1989 in a new geopolitical climate in which democratic ideals acquired normative hegemony. This does not exclude a purposive rational institutional design. On the one hand, accession clauses developed a posteriori of the creation of the organization being applied hence to new members rather to the ones creating them. These clauses have been used as an instrument for fostering clubness and imposing institutional features of applying states. On the other hand, in the case of suspension, institutional design serves to trade-off two competing principles: commitment to democratic conditionality and respect for sovereignty of member states and it does so by leaving wide discretion in implementing provisions for suspension clauses.

20Sep

"European citizenship in a time of crisis" (2014), by Carlos Closa and Daniela Vintila

"European citizenship in a time of crisis" (2014), by Carlos Closa and Daniela Vintila

In "The State of the European Union: How European citizens deal with these times of crisis", Madrid: Fundación Alternativas and Friedrich-Ebert-Stiftung, p. 19-31

http://www.falternativas.org/la-fundacion/documentos/libros-e-informes/the-state-of-the-european-union-2014-how-european-citizens-deal-with-these-times-of-crisis

20Sep

The parliamentary election of the Commission President: Constraints on the parliamentarization of the European Union, by Sergio Fabbrini

The parliamentary election of the Commission President: Constraints on the parliamentarization of the European Union, by Sergio Fabbrini

Working Paper, Luiss School of Government, SOG-WP9/2013 ISSN: 2282-4189

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2423364

Abstract: The proposal for parliamentary election of the Commission president, officially advanced by the European Commission and the European Parliament for the election of the latter in 2014, constitutes the most significant step towards the parliamentarization of the European Union. Connecting the election of the EP to the choice of the Commission president is considered to be an effective way to provide a definitive solution to the democratic deficit of the Union. This article discusses the arguments favoring the parliamentarization project and those against it, showing that the strategy of parliamentarization of the EU is destined to encounter powerful institutional and structural constraints. A different project could be pursued to strengthen the EP without being trapped by those constraints.

20Sep

"After the Euro Crisis: A New Paradigm on the Integration of Europe", by Sergio Fabbrini

"After the Euro Crisis: A New Paradigm on the Integration of Europe", by Sergio Fabbrini

ARENA Working Paper 05/2014

This paper examines the constitutional system of the European Union, and how it has radically been called into question by the euro crisis. Fabbrini argues that the EU has entered a constitutional conundrum, and that a paradigm shift is required in order to escape from it.

http://www.sv.uio.no/arena/english/research/publications/arena-publications/workingpapers/working-papers2014/wp5-14.xml

The Lisbon Treaty is the outcome of several constitutional compromises. These compromises were considered the price to be paid for preserving the unitary character of the project of integration. The euro crisis has dramatically called into question these multiple constitutional compromises. The balance between supranational and intergovernmental views has been upset in favour of the former. The approval of new intergovernmental treaties has made crystal clear the separation of interests between the European Monetary Union and the opt-out member states. The European Union has entered a constitutional conundrum, and a paradigm shift is required in order to escape from it. The historical challenge facing Europeans is to promote the integration of the continent in the context of a plurality of institutional and legal arrangements.

20Sep

‘Beyond Intergovernmentalism: The Puzzle of European Economic Governance’, by Sergio Fabbrini

‘Beyond Intergovernmentalism: The Puzzle of European Economic Governance’, by Sergio Fabbrini

In Maria Joao Rodrigues and Eleni Xiarchogiannopoulou (eds.), The Eurozone Crisis and the Transformation of EU Governance: Internal and External Implications, Farnham: Ashgate, 2014, pp. 59-70

http://www.ashgate.com/isbn/9781472433107

18Sep

The transition towards a new migration cycle: evaluating the design and outcomes of family reunification policies in Spain and Europe, by SANTIAGO PÉREZ-NIEVAS and DANIELA VINTILA

"La transición a un nuevo ciclo migratorio: evaluando el diseño y los resultados de las políticas de reagrupación familiar en España y en Europa/ The transition towards a new migration cycle: evaluating the design and outcomes of family reunification policies in Spain and Europe", by SANTIAGO PÉREZ-NIEVAS and DANIELA VINTILA

Revista de Estudios Políticos, no. 161, 2013, p. 171-206

https://www.academia.edu/8371982/La_transicion_a_un_nuevo_ciclo_migratorio_evaluando_el_diseno_y_los_resultados_de_las_politicas_de_reagrupacion_familiar_en_Espana_y_en_Europa_The_transition_towards_a_new_migration_cycle_evaluating_the_design_and_outcomes_of_family_reunification_policies_in_Spain_and_Europe

Abstract: In recent decades, family-related migration has become a relevant social process that encouraged a significant increase of foreign born population flows into the European societies. Drawing on the literature related to the rise of this phenomenon during the seventies, this article analyzes the governmental policy response towards family reunion in Spain, and compares it with the diversity of European policies in this area. Subsequently, the study focuses on the results of the family reunification policy making, by exploring the intensity of family migration flows towards Southern European countries in comparison with those to Central and Northern Europe countries with a longer experience in receiving substantial migration inflows.

En las últimas décadas, la reagrupación por razones familiares se ha convertido en un fenómeno de creciente intensidad, contribuyendo al incremento del flujo poblacional extranjero en las sociedades europeas. Retomando la literatura sobre el auge de este fenómeno en los años setenta, el presente artículo analiza las respuestas políticas del gobierno español en materia de reagrupación, contrastándolas con la diversidad de normativas europeas vigentes en este ámbito. Con posterioridad, el análisis se centra en los resultados de dichas políticas, reflexionando sobre el peso actual de los flujos de carácter familiar en el conjunto de flujos migratorios hacia los nuevos países receptores del Sur de Europa, en contraste con sus vecinos del Centro-Norte del continente que cuentan con mayor tradición migratoria.

17Sep

¨The Future of Europe: Democracy, Legitimacy and Justice After the Euro Crisis¨ (forthcoming). Edited by Serge Champeau, Carlos Closa, Daniel Innerarity and Miguel Poiares Maduro

¨The Future of Europe: Democracy, Legitimacy and Justice After the Euro Crisis¨ (forthcoming)

Edited by Serge Champeau, Carlos Closa, Daniel Innerarity and Miguel Poiares Maduro

http://www.rowmaninternational.com/books/the-future-of-europe#.VBkwXeq69Ug.facebook

A major collection of essays by a multidisciplinary panel of experts exploring the various interpretations of the European crisis and the future of the European Union.

The European Union seems to have rescued its single currency, but it has not yet put an end to the crisis. In this major new book, a group of fifteen international philosophers, economists, political scientists, sociologists, and legal experts compare the economic, political, constitutional, social, and cultural interpretations of the European crisis. They describe the challenges the EU faces in relation to legitimacy and democracy and address head-on the uncertainty over the future of Europe.The book considers different possible scenarios—from the Union's dissolution, with or without the continuation of the integration process, to its reinforcement through the building of a political union addressing the challenges of legitimacy, democracy and justice. Such a strengthened union could mark a new stage for democracy—not the democracy of ancient cities and modern states, but one convenient to the complex entities, neither national nor supra-national, of which the European Union, despite the crisis, is still the best modern example.

17Sep

"Turkish Cultural Identity: A European Identity¨, by Nilay Baycar - Turkish Journal of Politics

"Turkish Cultural Identity: A European Identity¨, by Nilay Baycar

Turkish Journal of Politics Vol. 4 No. 2 Winter 2013

http://www.researchgate.net/publication/264156541_Turkish_Cultural_Identity_A_European_Identity

Abstract

The aim of this paper is to review the nature of Turkish cultural identity and, in that context, answer the question: Does Europe consider Turkey an opportunity or a threat? The author will put forward a definition of the term ‘Europeanness’, discuss the character of Turkish cultural identity, and argue the Europeanness of that identity. In doing this, the author will provide some background: to the historical influence of Europe on Turkey; to Turkey’s influence, and the influence on it, by virtue of its unique geographic link between East and West; as well as, to the border-lines of European civilisation. From this, the broad similarities between the Turkish culture and the European culture will be discussed. Finally, the importance of Istanbul will be addressed, both as the cultural and artistic heart of Turkey and as the European Capital of Culture in 2010.

16Sep

´In a spirit of solidarity? Justifying the European Financial Stability Facility (EFSF) in national parliamentary debates´ (2-14), by Carlos Closa and Aleksandra Maatsch, JCMS

´In a spirit of solidarity? Justifying the European Financial Stability Facility (EFSF) in national parliamentary debates´, by Carlos Closa and Aleksandra Maatsch

JCMS: Journal of Common Market Studies, Volume 52, Issue 4, pages 826–842, July 2014

http://onlinelibrary.wiley.com/doi/10.1111/jcms.12119/abstract

Abstract

This article examines national parliamentarians’ approval of the increased budgetary capacity of the European Financial Stability Facility (EFSF) in autumn 2011. Following the analysis of vote outcome and plenary debates in 11 euro states, it is found that the financial position of a state (creditors versus debtors) does not explain the patterns of support and opposition. Rather, two other factors account for these differences: Euroscepticism, and the government and opposition cleavage. In particular, whereas Eurosceptic MPs voted and argued against the EFSF, the parliamentary majorities supported it. Surprisingly, although the legal basis of the EFSF draws on solidarity among the European Union Member States, the supporters of the EFSF did not refer to this principle in their speeches but rather to pragmatic considerations such as national economic interests.

16Sep

"Troubled Membership: Dealing with secession from a member state and withdrawal from the EU" (2014), Edited by Carlos Closa, EUI, Global Governance Programme

"Troubled Membership: Dealing with secession from a member state and withdrawal from the EU", edited by Carlos Closa

EUI Working Paper RSCAS 2014/91, EUI, Global Governance Programme

https://www.academia.edu/8346345/Troubled_Membership_Dealing_with_secession_from_a_member_state_and_withdrawal_from_the_EU

Abstract

This paper summarizes the debates held at a Round Table in the European University Institute on withdrawal from the Union and secession from an EU member state. The approach is not to look at domestic debates but to seek a European view on the topic. Four issues articulated the discussion: the normative arguments for and against secession/independence within the EU, withdrawal and its effects, the effects of secession/independence for EU member states and the impact for EU citizens of both processes of withdrawal and secession. The paper seeks no final conclusion but rather it aims at conveying different standpoints on the issues.

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