Books: 'Common European Asylum System'

1

Sidorenko, Olga Ferguson. The Common European Asylum System. The Hague: T.M.C. Asser Press, 2007. http://dx.doi.org/10.1007/978-90-6704-669-5.

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Academic Network for Legal Studies on Immigration and Asylum Law in Europe, ed. Reforming the common European asylum system: The new European refugee law. Boston: Brill Nijhoff, 2016.

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Velluti, Samantha. Reforming the Common European Asylum System — Legislative developments and judicial activism of the European Courts. Berlin, Heidelberg: Springer Berlin Heidelberg, 2014. http://dx.doi.org/10.1007/978-3-642-40267-8.

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Stoyanova, Vladislava, Céline Bauloz, Meltem Ineli-Ciger, and Singer Sarah. Seeking asylum in the European Union: Selected protection issues raised by the second phase of the common European asylum system. Leiden: Brill Nijhoff, 2015.

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Institute, Migration Policy. Study on the feasibility of setting up resettlement schemes in EU member states or at EU level, against the background of the common European asylum system and the goal of a common asylum procedure. Luxembourg: Office for Official Publications of the European Communities, 2004.

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6

Issing, Otmar. Europe, political union through common money? London: Institute of Economic Affairs, 1996.

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7

Noll, Gregor. Negotiating asylum: The EU acquis, extraterritorial protection, and the common market of deflection. The Hague: Martinus Nijhoff Publishers, 2000.

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Froot, Kenneth. The EMS, the EMU, and the transition to a common currency. Cambridge, MA: National Bureau of Economic Research, 1991.

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9

M, El-Agraa A., ed. The Economics of the European community. 2nd ed. New York, NY: St. Martin's Press, 1985.

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10

editor, Lang Michael 1965, Pistone Pasquale editor, Schuch Josef editor, Staringer Claus editor, and Raponi Donato editor, eds. ECJ--recent developments in value added tax: The evolution of European VAT jurisprudence and its role in the EU common VAT system. Wien: Linde, 2014.

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11

Limited, Eurotariff (Great Britain), ed. The customs tariff of the European communities: Harmonised system, the common customs tariff, preferential duties : details of additional taxes applied by the member states. Alresford, Herts: Eurotariff, 1988.

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12

Anastasopoulos, Giōrgos N. The debate on the system of electing the members of the European Parliament: From a uniform procedure to the common principles of the treaties : a contribution to the problem of enhancing the democratic and representative nature of the European Parliament. Athens: Ant.N. Sakkoulas, 2002.

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13

Campus, Mauro, Stefano Dorigo, Veronica Federico, and Nicole Lazzerini, eds. Pago, dunque sono (cittadino europeo). Florence: Firenze University Press, 2022. http://dx.doi.org/10.36253/978-88-5518-591-2.

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The book collects the contributions of a group of scholars, with different scientific backgrounds, on the issue of the relationship between taxation, solidarity and citizenship within the EU. The common thread linking them is the inescapability of the tax duty in a community of rights and the incompleteness of the European system, which performs important functions of collective interest without claiming any cost for those who use it. What emerges is the need for a genuine EU own tax, which, without the intermediary of the Member States, would burden the users of European public goods, increasing awareness of the social value of the EU, amplifying its solidarity dimension, and outlining a new concept of citizenship. In short, I pay, therefore I am (European citizen).

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14

Thym, Daniel, ed. Reforming the Common European Asylum System. Nomos Verlagsgesellschaft mbH & Co. KG, 2022. http://dx.doi.org/10.5771/9783748931164.

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Timely and profound collection of high-quality contributions, written by experts from across Europe, on the ongoing policy debate on the reform of Common European Asylum System. Contributions combine an in-depth presentation with a style of argument that addresses a broader audience: fellow academics, students and PhD researchers, practitioners, and political actors. Attention to the legislative detail coincides with an awareness of the broader picture in terms of policy developments, human rights computability, and practical implementation on the ground. The edited volume allows readers to understand the complex rules and to identify overarching challenges defining European asylum policy at this juncture. With contributions by Dr. Ulrike Brandl, Dr. Galina Cornelisse, Prof. Philippe De Bruycker, Jean-Baptiste Farcy, Prof. Paula García Andrade, Prof. Dr. Iris Goldner Lang, Prof. Elspeth Guild, Dr. Meltem İneli Ciğer, Dr. Lyra Jakuleviciene, Prof. Francesco Maiani, Dr. Madalina Bianca Moraru, Prof. Violeta Moreno-Lax, Prof. Sylvie Sarolea, Dr. Lieneke Slingenberg, Prof. Dr. Daniel Thym, Prof. Lilian Tsourdi and Prof. Jens Vedsted-Hansen.

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15

Chetail, Vincent, Philippe De Bruycker, and Francesco Maiani, eds. Reforming the Common European Asylum System. Brill | Nijhoff, 2016. http://dx.doi.org/10.1163/9789004308664.

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16

The Common European Asylum System: Background, Current State of Affairs, Future Direction. Asser Press, 2007.

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17

Reforming The Common European Asylum System Legislative Developments And Judicial Activism Of The European Courts. Springer-Verlag Berlin and Heidelberg GmbH &, 2013.

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18

Velluti, Samantha. Reforming the Common European Asylum System -- Legislative Developments and Judicial Activism of the European Courts. Springer London, Limited, 2013.

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19

Asylum Related Organisations in Europe: Networks and Institutional Dynamics in the Context of a Common European Asylum System. Nomos Verlagsgesellschaft, 2017.

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20

Academic, Network Odysseus, and Daniel Thym. Reforming the Common European Asylum System: Opportunities, Pitfalls, and Downsides of the Commission Proposals for a New Pact on Migration and Asylum. Nomos Verlagsgesellschaft, 2022.

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21

Moreno-Lax, Violeta. The EU Right to Asylum: An Individual Entitlement to (Access) International Protection. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198701002.003.0009.

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This chapter analyses the right to asylum enshrined in Article 18 CFR and its relevance in relation to access to international protection in the EU. It sets out the origins and evolution of the notion. The chapter shows the impact of the CSR51 and the ECHR on the classic understanding that the right of asylum is a matter exclusively belonging to the sovereign. The rights to leave any country and to seek asylum implicit in those instruments are assessed, together with the principle of proportionality and the limits it imposes on State discretion, and the intersection with the absolute prohibition of refoulement. The ‘right to gain effective access to the procedure for determining refugee status’ established by the Strasbourg Court as well as developments within the Common European Asylum System are also given attention. Comparisons are made with the approach adopted by the CJEU in the areas of free movement, legal/illegal migration, and EU citizenship. This serves as a basis for the clarification of the meaning of the right to (leave to seek) asylum inscribed in the Charter that Member States must ‘guarantee’ and its implications for mechanisms of ‘integrated border management’.

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22

Great Britain: Parliament: House of Commons: European Scrutiny Committee and Michael Connarty. Thirty-first report of Session 2006-07: Documents considered by the Committee on 18 July 2007, including the following recommendation for debate, Green Paper on a Common European Asylum System, report, together with formal Minutes. Stationery Office, The, 2007.

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23

Krieken, Peter Van. The Asylum Acquis Handbook:The Foundation for a Common European Asylum Policy. Springer, 2000.

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24

Hilz, Wolfram, and Daniele Saracino, eds. Nordic Perspectives on the European Asylum System. Tectum – ein Verlag in der Nomos Verlagsgesellschaft, 2017. http://dx.doi.org/10.5771/9783828867383.

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25

Horolets, Anna, Adriana Mica, Mikolaj Pawlak, and Pawel Kubicki. Managing Ignorance: Crisis in the European Union Common Asylum Policy. Taylor & Francis Group, 2020.

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26

Externalisation of Asylum Procedures: An Adequate EU Refugee Burden Sharing System? Lang Publishing, Incorporated, Peter, 2007.

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27

Great Britain: Parliament: House of Commons: European Scrutiny Committee and William Sir Cash. EU Asylum Reform: Twelfth Report of Session 2016-17, Documents Considered by the Committee on 14 September 2016, Including the Following Recommendation for Debate, Revision of EU Rules on Who Qualifies for International Protection; Establishing a Common EU Asylum Procedure; Revision of EU Rules on Reception Conditions for Asylum Seekers; Establishing an EU Framework for the Resettlement of Individuals in Need of In. Stationery Office, The, 2016.

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28

Bar, Christian von. The Common European Law of Torts: Volume one: The Core Areas of Tort Law, its Approximation in Europe, and its Accommodation in the Legal System (Common European Law of Torts). Oxford University Press, USA, 1999.

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29

Jaconiah, Niteleka Jacob Nichaenzi. Effects of Trademark Rights on the East African Common Market: Concocting an Appropriate East African Community Trade Mark Model Based on the European Trade Mark System. Nomos Verlagsgesellschaft, 2012.

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30

Berne, André S., Jelena Ceranic Perisic, Viorel Cibotaru, Alex de Ruyter, Ivana Kunda, Tobias Lock, Lee McGowan, Peter Christian Müller-Graff, Tatjana Muravska, and Attila Vincze. Current Challenges of European Integration - 12th Network Europe Conference, 9 – 10 November 2020. Edited by Andreas Kellerhals and Tobias Baumgartner. buch & netz, 2021. http://dx.doi.org/10.36862/eiz-406.

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Crises are not a new phenomenon in the context of European integration. Additional integration steps could often only be achieved under the pressure of crises. At present, however, the EU is characterised by multiple crises, so that the integration process as a whole is sometimes being questioned. In 2015, the crisis in the eurozone had escalated to such an extent that for the first time a member state was threatened to leave the eurozone. Furthermore, the massive influx of refugees into the EU has revealed the shortcomings of the Schengen area and the common asylum policy. Finally, with the majority vote of the British in the referendum of 23 June 2016 in favour of the Brexit, the withdrawal of a member state became a reality for the first time. Even in the words of the European Commission, the EU has reached a crossroads. Against this background, the twelfth Network Europe conference included talks on the numerous challenges and future integration scenarios in Europe.

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31

Gomez Arana, Arantza. European Union policy-making towards Mercosur. Manchester University Press, 2017. http://dx.doi.org/10.7228/manchester/9780719096945.003.0003.

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The European Union (EU) is not a state and is not a traditional International Organization. It is common to characterize it as a hybrid system with a federal component. Since nothing comparable to this exists at this point, understanding the internal system of the EU is crucial. In addition to outlining the internal policy-making of the EU, it is also important to understand the internal system of the Mercosur, particularly given that the Mercosur has tried to replicate the institutional design of the EU. Since its creation in 1957 with the Treaty of Rome, the EU has changed dramatically in a variety of ways in a short period of time. The discussion will examine these changes in relation to the period between 1985 and 2007. In addition to analysing the changes in policy-making over this period of the time it is also important to note that the number of EU member states has quadruplicated since it was created in 1957. It could be argued that this has resulted in a decline in the amount of power held by each individual member state. In 1986 Spain and, to a lesser extent, Portugal brought a Mediterranean influence into EU politics. This was later balanced out by further enlargement in 1995 which saw Austria, Finland and Sweden joining the EU. However, the single largest enlargement in the history of the EU took place in 2004 when 10 Central and Eastern Europe countries became EU members. Prior to 2004, this issue was the main focus of the EU external relations since 1989 until it came into effect in 2004. The end of the Cold War and the breakup of the Soviet Union into several independent republics absorbed EU external relations to the point that it had an effect on other external relations, including external relations with Latin America. The enlargement of the EU in 2007 is not discussed in any detail here because it did not have an impact on the EU policy towards Mercosur.

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32

Moreno-Lax, Violeta. Common Visa Policy: Bordering from Abroad—Applying Admission Criteria before Departure. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198701002.003.0004.

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Visas are specifically aimed at controlling admission at the stage of pre-departure and constitute one of the essential requirements for entry under the Schengen Borders Code. This chapter examines the common policy of the EU, conceptualizing them as pre-authorizations of entry granted before arrival in the territory of the Member States. Visa requirements, as introduced in the Visa Regulation, are perused at the outset, taking account of periodic revisions of the visa lists and the criteria for amendment considered relevant by the EU legislator. The key features of the uniform visa format and the Visa Information System (VIS) are briefly presented, highlighting their contribution to the securitisation of migration flows. Then, the visa issuing procedure, as governed by the Community Code on Visas (CCV), is examined. The final section is reserved to the analysis of the implications of the different components of the policy regarding access to asylum in the Member States.

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33

Halperin, John J. Nervous System Lyme Disease. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199937837.003.0159.

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Nervous system involvement occurs in 10% to 15% of patients infected with Borrelia burgdorferi, B. afzelii, or B. garinii, the tick-borne spirochetes responsible for Lyme disease and its European counterparts. Common clinical manifestations include lymphocytic meningitis, facial and other cranial neuropathies, and painful mononeuropathies such as Lyme radiculitis. Diagnosis requires appropriate clinical, epidemiological, and laboratory evidence. Appropriately interpreted serologic testing is highly reliable; cerebrospinal fluid examination is often informative if the central nervous system is involved. Several week courses of widely available oral or parenteral antimicrobials are curative in most patients.

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Singh, Dalvinder. European Cross-Border Banking and Banking Supervision. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198844754.001.0001.

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This book provides timely analysis of the cross-border exercise of banking activity in the EU and its supervision, from the perspective of the ‘home-host rule’. It examines the current system and the efficacy of recent reforms considering whether the centralization of decision making and a more effective mutualization of financing tools could increase the efficiency of the EU banking system. The EU banking market is very integrated since banking institutions based in the Union are free to perform their activities within the common market. This has allowed EU banking institutions to significantly increase their cross-border operations. This way of working is based on the home country control principle according to which EU institutions performing cross-border activities continue to be supervised by their home country supervisor. However, this system has raised challenges for effectively performing supervision and resolution. The book analyses how far recent reforms under the banking union regime have addressed these issues. It analyses the main pillars of the banking union. It also analyses how international standards and EU requirements undertake to divide responsibilities between the home and host state and the extent to which they align interests between the home and host and minimize potential conflicts of interests. The book provides a valuable resource for academics researching on central banking union and regulation, and helps legal practitioners to address questions of supervision, resolution, and insolvency with a cross-border element.

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European Law Institute and UNIDROIT, eds. ELI – Unidroit Model European Rules of Civil Procedure. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198866589.001.0001.

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This volume was developed as part of a cooperative project of the European Law Institute (ELI) and the International Institute for the Unification of Private Law (UNIDROIT), dealing with civil procedure law. The long-term project began in February of 2014 and ended in February of 2020, concluding in an ELI-UNIDROIT Instrument. The volume consists of the ELI-UNIDROIT Instrument on the European Rules of Civil Procedure, which features Rules and accompanying comments. It explores the diverse traditions in Europe concerning civil procedure law and aims to find a common thread in them. Therefore, it not only considers the similarities but also the differences in order to gain a solution that does not favour one legal system but combines aspects of all legal systems.

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36

Fraunhofer, Hedwig. Biopolitics, Materiality and Meaning in Modern European Drama. Edinburgh University Press, 2020. http://dx.doi.org/10.3366/edinburgh/9781474467438.001.0001.

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Mapping the -- not always chronological -- trajectory from representationalist-naturalist theatre (Strindberg, Sartre) to the theatre of the historical avant-garde (Brecht, Artaud), this book puts milestones of modernist theatre in conversation with new materialist, posthumanist philosophy and affect theory. Arguing that existing modernization theories have been unnecessarily one-sided, Biopolitics, Materiality and Meaning in Modern European Drama offers a rewriting of modernity that cuts across binary methodologies – nature and culture, mind and matter, epistemology and ontology, critique and affirmative writing, dramatic and postdramatic theatre. Going beyond the exclusive focus on questions of identity, representation and meaning on the one hand or materiality on the other hand, the book captures the complex material-discursive forces that have shaped modernity and modern theatre. In powerfully prescient readings of modern anxiety, contagion and performance, the volume specifically reworks the biopolitical, immunitarian exclusions that mark Western epistemology leading up to and beyond modernity’s totalitarian crisis point. The book reveals the performativity of theatre in its double sense -- as theatrical production and as the intra-activity of an open and dynamic system of relations between multiple human and more-than-human actants, energies, and affects. In modern theatre, public and private, human and more-than-human, materiality and meaning co-productively collapse in a common life.

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Roederer-Rynning, Christilla. 8. The Common Agricultural Policy The Fortress Challenged. Oxford University Press, 2017. http://dx.doi.org/10.1093/hepl/9780199689675.003.0008.

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This chapter examines the processes that make up the European Union’s common agricultural policy (CAP), with particular emphasis on how the Community method functions in agriculture and how it upheld for decades the walls of fortress CAP. Today’s CAP bears little resemblance to the system of the 1960s, except for comparatively high tariff protection. The controversial device of price support has largely been replaced by direct payments to producers. The chapter first provides an overview of the origins of CAP before discussing two variants of the Community method in agriculture: hegemonic intergovernmentalism and competitive intergovernmentalism. It argues that the challenge for CAP regulators today is not to prevent a hypothetical comeback to the price-support system or generalized market intervention, but to prevent the fragmentation of the single market through a muddled implementation of greening and the consolidation of uneven regimes of support among member states.

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Lidström, Anders. Swedish Local and Regional Government in a European Context. Edited by Jon Pierre. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199665679.013.51.

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Although Swedish local government shares a set of traits that are common to all other European local government systems, it stands out, in many respects, as unique. The particular combination of local responsibility for costly tax-financed national welfare policies, strong and mainly nationally organized political parties at local level, consistent decision-making collectivism, and a type of representative democracy that leaves little room for means of direct democracy make Sweden different. These features are intertwined, reflecting core values of the Scandinavian welfare model. Although many of them have been challenged during recent decades, popular support for the welfare system remains strong.

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39

Vittoria, Barsotti, Carozza Paolo G, Cartabia Marta, and Simoncini Andrea. II Constitutional Jurisprudence, 7 National Constitutional Adjudication in the European Space. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780190214555.003.0007.

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This chapter traces the development of the Constitutional Court’s relationship to the European transnational space, specifically the European Union and the European Convention on Human Rights. It is a fascinating study in how the interactions between the three different but interrelated legal orders have generated what could be called a multilevel constitutional system—one that does not work on a hierarchically ordered scale, but that instead opens up the possibility of shaping a sort of European common law of constitutionalism. The importance of this topic is very apparent, not only for the rest of Europe, but even more for other constitutional courts needing to address their national legal systems’ relationships with supranational legal norms and institutions.

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40

Harris, David, Michael O'Boyle, Ed Bates, and Carla Buckley. Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198785163.001.0001.

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This fourth edition of Law of the European Convention on Human Rights builds on the great strengths of earlier editions. An up-to-date account of Strasbourg case law and its underlying principles, this title facilitates an understanding of this key area of law. It explores the extent of the Convention’s influence upon the legal development of the contracting states, and reveals exactly how such a considerable impact has been achieved and maintained. It sets out and critically analyses the Strasbourg jurisprudence on each Convention article that constitutes the substantive guarantee, and examines the system of supervision. The Convention has effectively become the constitutional bill of rights for Europe, providing common human rights standards for the whole continent. National parliaments and courts must constantly look to the Convention when legislating and deciding cases, or run the risk of adverse Strasbourg judgments with which they must then comply. For all states, the Convention has been made enforceable in their national courts.

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41

Kritzman-Amir, Tally. Community Interests in International Migration and Refugee Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825210.003.0018.

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This chapter takes a closer look at some of the main components of international refugee law and some of the recent European practices in order to see how they resonate the notion of community obligation and convey a commitment to the common protection of human rights, in a way that deviates from a purely consent-based conception of the norms. It addresses four main points: (1) a broad interpretation of the definition of refugee in the convention relating to the status of refugees as an expression of a notion of community obligation; (2) non-refoulement as an expression of a notion of community obligation; (3) the duty to refrain from rejecting asylum-seekers at the border as an expression of a notion of community obligation; and (4) responsibility sharing as an expression of a community obligation.

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42

Danny, Busch, Gortsos Christos, and McMeel QC Gerard, eds. Liability of Financial Supervisors and Resolution Authorities. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780198868934.001.0001.

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Since the global financial crisis of 2008, claims by clients, shareholders, depositors, and bondholders of financial firms have increased against financial supervisors and resolution authorities for inadequate supervision or resolution action. This book offers a thorough and systematic analysis of the liability regimes which apply to financial supervisors and resolution authorities at the EU level (particularly relevant since the European Banking Union came into operation in 2014), at the level of individual EU Member States, as well as in other major jurisdictions worldwide. The jurisdiction-by-jurisdiction approach provides a detailed analysis of the liability regimes as they apply to local financial supervisors and resolution authorities in major civil law, common law, and mixed legal system jurisdictions. This global view of the primary financial jurisdictions as examples provides a unique and comprehensive overview which is of great practical and theoretical importance. The work concludes with a comparative law evaluation that discusses to what extent limitations of the liability of national financial supervisors and resolution authorities are valid under the EU rules on Member State liability. It also explores whether it would be preferable to adopt a uniform liability standard for the European Central Bank, the Single Resolution Board, and national financial supervisors and resolution authorities. Furthermore, the book addresses whether it would be preferable to adopt a provision to the effect that the Court of Justice of the European Union has exclusive jurisdiction in relation to the European Central Bank, Single Resolution Board, and the national financial supervisors and resolution authorities.

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43

et, Mokal. Examples for Implementing the Modular Approach beyond Specific Economic and Institutional Backgrounds. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198799931.003.0007.

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This chapter presents four examples of how the Modular Approach could be designed and implemented in specific economic, institutional, and socio-economic frameworks. The country examples are fictional countries, but the factual background for each example is drawn from common characteristics of jurisdictions in the region. They illustrate how specific module choices can be made to create a fair, effective, and efficient MSME insolvency system. The first example is a European developed economy; the second is an Asia-Pacific newly industrialized economy; the third is an African emerging nation; and, finally, there is a European emerging nation country example, which could also apply to a central Asian emerging nation. These country examples are not proposing the optimal combination of modules; rather, they are to illustrate the types of choices that could be made, given particular socio-economic, financial, and institutional circumstances.

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Wagner, Christian. Western Europe. Edited by David M. Malone, C. Raja Mohan, and Srinath Raghavan. Oxford University Press, 2010. http://dx.doi.org/10.1093/oxfordhb/9780198743538.013.36.

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India has long-standing relations with Western Europe. The Strategic Partnership Agreement of 2004 with the European Union and similar agreements with individual European states form the institutional basis for economic, political, military, technological, and cultural cooperation with India. But despite common interests in many areas, the strategic perspectives remain limited because of structural constraints in India and Western Europe. Even after the Treaty of Lisbon, the foreign policy of the EU will be shared between Brussels and the member states. India’s foreign policy is handled mostly by the under-staffed Ministry of External Affairs. This is far from being adequate to cope with the requirements of an interdependent global system and India’s own aspirations to play a more important role. Hence, only if both sides understand the structural constraints and limitations of the other, will the partnership flourish on a more realistic basis.

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Vincent, Patrick. British Romantics Abroad. Edited by David Duff. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780199660896.013.45.

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This chapter explores two possible interpretations of the British Romantics abroad, the first referring to the many writers who travelled on the Continent in this period, the second to their texts that circulated outside of Britain. It argues that these travellers as well as their books contributed to a shared sense of European identity and helped foster liberal democracy in an age of political reaction. The first part of the chapter shows how, despite clear differences between the Grand Tour, Revolutionary travel, and modern tourism, Romantic-period travel writing shares common features, among them the opposition between traveller and tourist, and the ideal of Europe as a system of politically emancipated nations. The second part reviews the channels of transmission, notably foreign reviews and pirated editions, that enabled the transnational circulation and reputation of British-authored texts and helped place Britain’s liberal brand of Romanticism at the forefront of European culture.

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46

Linklater, Andrew. The International Society of ‘Civilized States’. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198779605.003.0017.

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Bull argued that in European international society, the ‘diplomatic culture’, the common stock of ideas and values the representatives of states shared had been strengthened by an ‘international political culture’, the intellectual and moral culture that determined societal attitudes towards the states-system. With the expansion of international society, he contended, the diplomatic culture had lost much of its earlier foundation in the normative commitments specific to European international society. It was conceivable, Bull argued, that a new ‘cosmopolitan culture’ will succeed in binding peoples together in the first universal society of states. To consider those issues further, this essay draws on Elias’s writings to show how conceptions of ‘civilized manners’ and ‘civilized’ statehood linked the international political and diplomatic cultures. The discussion also considers some recent writings on the civilizational dynamics of world politics that have special relevance for Bull’s reflections on how those two cultures might develop in future.

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Alter, Karen J., and Laurence R. Helfer. Transplanting International Courts. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780199680788.001.0001.

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The Andean Pact was founded in 1969 to build a common market in South America. Andean leaders copied the institutional and treaty design of the European Community, and in the 1970s, member states decided to add a tribunal, again turning to the European Community as its model. Since its first ruling in 1987, the Andean Tribunal of Justice (ATJ) has exercised authority over the countries which are members of the Andean Community: Bolivia, Colombia, Ecuador, and Peru (formerly also Venezuela). It is now the third most active international court in the world, used by governments and private actors to protect their rights and interests in the region. This book investigates how a region with weak legal institutions developed an effective international rule of law, why the ATJ was able to induce widespread respect for Andean intellectual property rules but not other areas governed by regional integration rules, and what the ATJ's experience means for comparable international courts. It also assesses the Andean experience in order to reconsider the European Community system, exploring why the law and politics of integration in Europe and the Andes followed different trajectories. Finally, it provides a detailed analysis of the key factors associated with effective supranational adjudication. This book collects together previously published material by two leading interdisciplinary scholars of international law and politics, and is enhanced by three original chapters further reflecting on the Andean legal order.

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Brice, Dickson. The Irish Supreme Court. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198793731.001.0001.

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This book examines the jurisprudence of the Supreme Court of Ireland since its creation in 1924. It sets out the origins of the Court, explains how it operated during the life of the Irish Free State (1922-1937), and considers how it has developed various fields of law under Ireland’s 1937 Constitution, especially after the ‘re-creation’ of the Court in 1961. As well as constitutional law, the book looks at the Court’s views on the status and legal system of Northern Ireland, administrative law, criminal justice and personal and family law. There are also chapters on the Supreme Court’s interaction with European Union law and with the European Convention on Human Rights. The argument throughout is that, while the Court has been well served by many of its judges, who on occasion have manifested a healthy degree of judicial activism, there are still several legal fields in which the Court has not developed its jurisprudence as clearly or as imaginatively as it might have done. It has often displayed undue conservatism and deference. For many years its performance was hampered by its extreme workload, generated by its inability to control the number of appeals brought to it. However, the creation of a new Court of Appeal in 2014 has freed up the Supreme Court to act in a manner more analogous to that adopted by supreme courts in other common law countries. The Court’s future looks bright.

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Lacey, Joseph. Modelling Centripetal Democracy for the EU. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198796886.003.0011.

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In this chapter, a model of centripetal democracy is developed to suit the EU’s idiosyncratic political make-up. In principle, it is argued that this model would go a long way towards constituting the EU as a democratically legitimate political system, while creating a strong common political identity among European citizens. This is followed by an assessment of the extent to which the development of centripetal democracy in the EU may be a likely scenario, while it is argued that the centrifugal tendencies associated with the coexistence of distinctive public spheres within the same political system are not yet especially acute in the EU. Finally, alternative proposals to the model presented in this book are discussed and their shortcomings made clear.

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Immergut, Ellen M., Karen M. Anderson, Camilla Devitt, and Tamara Popic, eds. Health Politics in Europe. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198860525.001.0001.

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Health Politics in Europe: A Handbook is a work of reference that provides historical background and up-to-date information and analysis on health politics and health systems throughout Europe. In particular, it captures developments that have taken place since the end of the Cold War, a turning point for many European health systems, with most post-communist transition countries privatizing their state-run health systems, and many Western European health systems experimenting with new public management and other market-oriented health reforms. Following three introductory, stage-setting chapters, the handbook offers country cases divided into seven regional sections, each of which begins with a short regional outlook chapter that highlights the region’s common characteristics and divergent paths taken by the separate countries, including comparative data on health system financing, healthcare access, and the political salience of health. Each regional section contains at least one detailed main case, followed by shorter treatments of the other countries in the region. Country chapters comprise an historical overview focusing on the country’s progression through a series of political regimes and the consequences of this history for the health system; an overview of the institutions and functioning of the contemporary health system; and a political narrative tracing the politics of health policy since 1989. This political narrative, the core of each country case, examines key health reforms in order to understand the political motivations and dynamics behind them and their impact on public opinion and political legitimacy. The handbook’s systematic structure makes it useful for country-specific, cross-national, and topical research and analysis.

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Books on the topic 'Common European Asylum System'

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