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.




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.




The Oxford Handbook of European Union Law


Book Description

Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.




Unfair Advantage


Book Description

New York City Apparel Shops




United States Code


Book Description

"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.




Diplomatic Law


Book Description

The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.




Affirmative Discrimination


Book Description

Should government try to remedy persistent racial and ethnic inequalities by establishing and enforcing quotas and other statistical goals? Here is one of the most incisive books ever written on this difficult issue. Nathan Glazer surveys the civil rights tradition in the United States; evaluates public policies in the areas of employment, education, and housing; and questions the judgment and wisdom of their underlying premises--their focus on group rights, rather than individual rights. Such policies, he argues, are ineffective, unnecessary, and politically destructive of harmonious relations among the races. Updated with a long, new introduction by the author, Affirmative Discrimination will enable citizens as well as scholars to better understand and evaluate public policies for achieving social justice in a multiethnic society.




EU Anti-Discrimination Law


Book Description

Professor Evelyn Ellis provides an analytical and critical examination of the EU law forbidding discrimination, and explores the theoretical and philosophical underpinnings of the law.




Complex Equality and the Court of Justice of the European Union


Book Description

The equality jurisprudence of the Court of Justice of the European Union has long drawn criticism for its almost total reliance on Aristotle’s doctrine that likes should be treated like, and unlikes unlike. As has often been shown, this is a blunt tool, entrenching assumptions and promoting difference-blindness: the symptoms of simplicity. In this book, Richard Lang proposes that the EU’s judges complement the Aristotelian test with a new one based on Michael Walzer’s theory of Complex Equality, and illustrates how analysing allegedly discriminatory acts, not in terms of comparisons of the actors involved, but rather in terms of distributions and meanings of goods, would enable them to reach decisions with new dexterity and to resolve conflicts without sacrificing diversity.




An Ever More Powerful Court?


Book Description

The Court of Justice of the European Union (CJEU) has become famed - and often shamed - for its political power. In scholarly literature, this supranational court has been regarded as a 'master of integration' for its capacity to strengthen integration, sometimes against the will of member states. In the public debate, the CJEU has been severely criticized for extending EU competences at the expense of the member states. In An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union, Dorte Sindbjerg Martinsen challenges these views with her careful examination of how judicial-legislative interactions determine the scope and limits of European integration in the daily EU decision-making process. Methodologically, the book takes a step forward in the examination of judicial influence, suggesting a 'law attainment' approach as a novel method, combined with a large set of interviews with the current decision-makers of social Europe. Through a study of social policy developments from 1957 to 2014, as well as a critical analysis of three case studies - EU regulation of working time; patients' rights in cross-border healthcare; and EU posting of worker regulations - Martinsen reveals the dynamics behind legal and political integration and the CJEU's ability to foster political change for a European Union social policy.