Free Movement and Non-discrimination in an Unequal Union


Book Description

The European Union’s (EU) fundamental principles on free movement of persons and non-discrimination have long challenged the traditional closure of the welfare state. Although EU-wide free movement and national welfare appeared largely unproblematic before Eastern enlargement, the increased differences among EU member states in economic development and welfare provision have resulted in fears about potential welfare migration. Because rights of EU citizens were shaped to an important extent by jurisprudence of the European Court of Justice, these are often not very clearly delineated, and easily politicised. This comprehensive volume shows the normative limits of a strict non-discriminatory approach to EU citizens’ access to national welfare and analyses how the Court developed its jurisprudence, partly reacting to politicisation. Although, empirically, free movement negatively impacts national welfare only under extreme conditions, it is notable that member states have adjusted their social policies in reaction to EU jurisprudence and migration pressure alike. Their heterogeneous institutions of national welfare, administration and labour markets imply for member states that they face very different opportunities and challenges in view of intra-EU migration. This book was originally published as a special issue of the Journal of European Public Policy.







Union Citizens


Book Description

Recoge: 1. Aim of the study. Delimitation of scope - 2. Personal scope - 3. Entry and residence - 4. Beneficiaries and exceptions - 5. National requirements related to the exercise of occupational activities - 6. The principle of non-discrimination. Prohibition against restrictions? - 7. Social advantages and others rights.




Domestic Contestation of the European Union


Book Description

This book examines how Europe-wide issues – such as immigration, cross-national redistribution and further European integration – have reshaped electoral democracy and party competition across Europe. After decades of scholars and commentators bemoaning the limited politicization of the EU nationally, European issues have come to dominate domestic electoral politics. From the Eurozone crisis to the struggle of dealing with growing numbers of migrants and refugees entering Europe, EU-wide issues now occupy a salient part of the domestic political debate. This book examines what drives public opinion towards some of the key Europe-wide issues of the day and how these EU issues shapes electoral behaviour and party competition. It brings together leading scholars from different fields to explore what shapes preferences towards Europe-wide policy issues, how they influence electoral behaviour and party fortunes and what the implications are for the quality of European democracy. Overall, this book deepens our understanding of the state of European democracy domestically in an era in which national and Europe-wide problems and policy solutions are inextricably linked. The chapters in this book were originally published in the Journal of European Public Policy.




Ideologies and the European Union


Book Description

This volume examines what the concept of ideology can add to our understanding of the European Union, and the way in which the process of European integration has inflected the ideological battles that define contemporary European politics, both nationally and transnationally. Contemporary debates on the nature and value of the European Union often touch on the notion of ideology. The EU’s critics routinely describe it as an ideologically-motivated project, associating it from the left with a form of ‘neo-liberal capitalism’ or from the right with ‘liberal multiculturalism’. Its defenders often praise it in explicitly post- or anti-ideological terms, as a regulatory body focused on the production of output legitimacy, or as a bulwark against dangerous ideological revivals in the form of nationalism and populism. Yet the existing academic literature linking the study of the EU with that of ideologies is surprisingly thin. This volume brings together a number of original contributions by leading international scholars and takes an approach that is both historical and conceptual, probing the EU’s ideological roots, while also laying the grounds for a reappraisal of its contemporary ideological make-up. The chapters in this book were originally published as a special issue of the Journal of European Public Policy.




The European Union Beyond the Polycrisis?


Book Description

The European Union beyond the Polycrisis? explores the political dynamics of multiple crises faced by the EU, both at European level and within the member states. In so doing, it provides a state-of-the-art overview of current research on the relationship between politicization and European integration. The book proposes that the EU’s multi-dimensional crisis can be seen as a multi-level ‘politics trap’, from which the Union is struggling to escape. The individual contributions analyze the mechanisms of this trap, its relationship to the multiple crises currently faced by the EU, and the strategies pursued by a plurality of actors (the Commission, the European Parliament, national governments) to cope with its constraints. Overall, the book suggests that comprehensive, ‘grand’ bargains are for the moment out of reach, although national and supranational actors can find ways of ‘relaxing’ the politics trap and in so doing perhaps lay the foundations for more ambitious future solutions. This book, dedicated to the exploration of the political dynamics of multiple, simultaneous crises, offers an empirical and theoretical assessment of the existing political constraints on European integration. Analysing domestic and European political reactions to the EU’s polycrisis and assessing how EU institutions, national governments and broader publics have responded to a new era of politicization, The European Union beyond the Polycrisis? will be of great interest to scholars of European politics and the EU, as well as professionals working in EU institutions, national administrations and European advocacy groups. The chapters were originally published as a special issue of the Journal of European Public Policy.




The Brexit Policy Fiasco


Book Description

This volume attempts to examine the many possible causes of Brexit. The conceptual 'peg' on which the volume hangs is that, irrespective of one's views on whether Britain's exit from the EU was a good or a bad thing, Brexit can justifiably be seen as yet another example of a British policy fiasco. Put simply, the British political elite was not at its best. The collective concern of this volume is twofold. First, it advances possible explanations of how the Brexit issue arose. Why was Britain’s membership of the EU thought to be so problematic for so many members of the British political elite and ultimately for a majority of voters? How did we get to June 2016 and the Brexit Referendum? Secondly, the volume examines how the issue was managed (or mismanaged) following the referendum result up until the Withdrawal Agreement in March 2019. The contributions to this volume explore these questions by looking at Brexit from different analytical angles. Some authors explore the long-term causes of Brexit, by disentangling the fraught relationship between the UK and the EU, which had provided the Brexit train with steam; others explore the highly conflictual domestic political dynamics in the run-up to the referendum and in the negotiations of a Brexit deal. The chapters in this book were originally published as a special issue of Journal of European Public Policy.




Strategic Responses to Domestic Contestation


Book Description

How have EU-level actors responded to the increase in salience and contestation across the member states? This volume explores and explains the actors’ strategic responses and emphasises that domestic pressure has triggered both depoliticisation and politicisation. Long gone are the times when EU decisions left citizens indifferent, and when the supranational was largely irrelevant for public opinion and electoral politics across the member states. Instead, a string of existential crises has struck and unsettled the Union over more than a decade. These crises have politicised Europe, tested the endurance and survival of the supranational system to its core, and put EU-level actors under unprecedented pressure. This volume explores how and why EU-level actors respond to the various, sometime competing, ‘bottom up’ demands, and challenges the view that domestic contestation necessarily limits EU-level room for manoeuvre. Instead, contributions show that domestic pressure can be perceived as either constraining or enabling, with responses, therefore, ranging from the restrained to the assertive. Driven by the survival of the Union, by the preservation of their own powers, and by different perceptions of domestic demands, actors will choose to politicise or depoliticise decision-making, behaviour and policy outcomes at the supranational level. The volume concludes that whilst domestic pressure triggers supranational responses, such responses should not be assumed to be restraining; they may equally be empowering including for European integration itself. The chapters in this book were originally published as a special issue of the Journal of European Public Policy.




The European Union as Protector and Promoter of Equality


Book Description

This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-discrimination. The Charter of Fundamental Rights of the EU contains the most modern and extensive catalogue of prohibited grounds of discrimination, supplementing the catalogue enshrined in the European Convention on Human Rights. EU law has given new impulses to antidiscrimination law both within Europe and beyond. The contributions to this book focus on how effective and credible the EU has been in combatting discrimination inside and outside Europe. The authors present different (mostly legal) aspects of that topic and examine them from various intra- and extra-European angles.




More Equal than Others?


Book Description

This book analyses the principle of equality from three perspectives: public international law, private international law and EU law. It is the first book in English providing a comprehensive overview of this principle in these areas of law and showing the current trends and issues concerning its application. Its main goal is to understand whether and to what extent the principle of equality has been affirmed in public and private international law, as well as EU law, and what – if any – the common core of this principle is. The analysis carried out in this contributed volume starts from general analyses of the principle of equality in the areas of the law covered by the book and then discusses the principle in more specific areas, such as human rights law, international adjudication (including investment law) and the law of international organizations. The book is intended to become a benchmark for academics dealing with matters of equality in public international law, private international law and EU law. It will be a useful tool for practitioners too, the collected chapters being based on the relevant case law dealing with the principle of equality. Daniele Amoroso is Professor of International Law in the Department of Law of the University of Cagliari, Cagliari, Italy. Loris Marotti is Assistant Professor of International Law in the Department of Law at the Federico II University of Naples, Italy. Pierfrancesco Rossi is Postdoctoral Fellow in International Law in the Department of Law of Luiss University, Rome, Italy. Andrea Spagnolo is Professor of International Law in the Department of Law of the University of Turin, Turin, Italy. Giovanni Zarra is Professor of International Law and International Litigation in the Department of Law at the Federico II University of Naples, Italy.