tag:blogger.com,1999:blog-2703167400419683002024-03-18T05:48:42.664-04:00europæus|lawA transatlantic community, professional network, and blog for scholars and practitioners working with EU law and policy. Home of europaeus|blog and affiliate of the European Law Section of the Association of American Law Schools (supported by the UConn School of Law).europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.comBlogger279125tag:blogger.com,1999:blog-270316740041968300.post-84148336485149543342017-03-31T11:53:00.000-04:002017-03-31T11:54:28.256-04:00Twelfth Annual Emile Noël Lecture on the State of the (European) Union at NYU School of Law<div class="MsoNormal">
The <a href="http://www.jeanmonnetprogram.org/" target="_blank">Jean Monnet Center for International and RegionalEconomic Law & Justice</a> at New York University School of Law will host the Twelfth Annual Emile Noël Lecture on the State of the (European) Union on <b>Monday, April 3 at 6:00 p.m.</b> <o:p></o:p></div>
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<b>Eleanor Sharpston, Advocate General, Court of Justice of the European Union </b>will present her lecture <b>“Of the state of the (European) Union – and of Trade Deals.”</b> The lecture will be held in the Faculty Library, Vanderbilt Hall, located at 40 Washington Square South. A reception will immediately follow the lecture.<br />
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Please <b>RSVP</b> via email: ENL@nyu.edu and kindly note that registration is required to attend the lecture and reception. To learn more about the Annual Emile Noël Lecture series, please <a href="http://www.jeanmonnetprogram.org/activities-at-the-jean-monnet-center/the-emile-noel-lecture-series/" target="_blank">click here</a>.</div>
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europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com2tag:blogger.com,1999:blog-270316740041968300.post-76699174066137340072017-03-07T18:46:00.001-05:002017-03-07T18:46:18.896-05:00Call for Papers: Inaugural Annual European Junior Faculty Forum (Berlin, June 28-29, 2017)<i>Network member <a href="https://its.law.nyu.edu/facultyprofiles/index.cfm?fuseaction=profile.overview&personid=20061" target="_blank">Mattias Kumm</a> (NYU, WZB Social Science Research Center, and Humboldt) has written to share a call for papers for the European Junior Faculty Forum on June 28-29, 2017, at the WZB Berlin Social Science Center. Note that the deadline for submissions is <b>April 15, 2017</b>.</i><br />
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<i>A summary and link to the Call for Papers can be found below; the original notice can be found <a href="https://www.wzb.eu/en/research/trans-sectoral-research/center-for-global-constitutionalism/european-junior-faculty-forum" target="_blank">here</a>.</i><br />
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The WZB Berlin Social Science Center, the European University Institute and the London School for Economics and Political Science invite submissions for the <b>Inaugural Annual European Junior Faculty Forum for Public Law and Jurisprudence</b> to be held at WZB Berlin Social Science Center on June 28-29, 2017.<br />
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The forum intends to address public law scholarship from a theoretically informed doctrinal, interdisciplinary and comparative perspective, contribute to the research of junior scholars, and create an intellectual community of European public law scholars. Public Law focused scholarship from other disciplines (philosophy, political science, history, sociology) is explicitly welcome.<br />
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The forum brings together a selected group of early career scholars for what promises to be an intellectually rewarding academic exchange. The papers, selected based upon blind peer-review, will be commented on by two senior scholars.<br />
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The author must be based in an academic institution in the European Union or in an Associated Country and have obtained the doctoral degree no longer than seven years prior to the application deadline.<br />
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For details see the <a href="https://www.wzb.eu/sites/default/files/%2Bwzb/CGC/ejff_2017_call_for_papers.pdf" target="_blank">Call for Papers</a>.<br />
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Questions about the European Junior Faculty Forum for Public Law and Jurisprudence as well as submissions should be sent to Professor Mattias Kumm’s office via ejff [at] wzb.eu.<br />
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<b>Deadline for Submissions: April 15, 2017</b><br />
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Decisions will be sent by May 15, 2017.<br />
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The workshop will be held on June 28-29, 2017 in Berlin at the WZB Berlin Social Science Center.europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-21203686041989131212017-03-07T16:30:00.002-05:002017-03-07T16:30:49.957-05:00İştar Gözaydın, Imprisoned Turkish Scholar: Release Petition<i>We recently received a request from a network member to share the following notice regarding a petition for the release of </i><i>İştar Gözaydın, a Turkish scholar of politics and society who has spent time in the United States (at Georgetown and NYU), and who has been imprisoned in Turkey. </i><i>We gladly do so.</i><br />
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Professor İştar Gözaydın has been for many years a prominent member of the European Religion and Politics community. She is an intellectual, a human rights activist and an important scholar who has written significant and illuminating contributions on Turkish society and politics. Istar was fired from her job shortly after the abortive July 2016 coup attempt in Turkey and in December 2016 she was arrested on charges that have still not been clarified.<br />
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Over the last two months, her friends and colleagues have made numerous efforts for her release, but without success. The stage has now been reached of a mass petition which we hope will attract signatures from scholars from Europe and elsewhere in the world to demand her release from prison. We hope very much you are willing to sign the petition and if you could circulate it among your colleagues too for their signatures that would be much appreciated.<br />
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If you are willing to sign the petition, then please email Ahmet Erdi Öztürk at aerdiozturk [at] gmail.com who is collecting signatures.<br />
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The petition is available <a href="http://standinggroups.ecpr.eu/religion/?p=518" target="_blank">here</a>.<br />
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You may also wish to see the Economist article <a href="http://www.economist.com/news/europe/21706536-turkeys-post-coup-crackdown-has-become-witch-hunt-conspiracy-so-immense" target="_blank">here</a>.europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-7996292929710004662017-03-02T09:59:00.001-05:002017-03-02T09:59:39.130-05:00Call for Abstracts: "Public Law and the New Populism" at NYU (September 15, 2017)<i>Network members <a href="https://its.law.nyu.edu/facultyprofiles/index.cfm?fuseaction=profile.overview&personid=31563" target="_blank">Gráinne de Búrca</a> (NYU) and <a href="http://www.law.nyu.edu/llmjsd/jsdprogram/jsdcommunity/danielfrancis" target="_blank">Daniel Francis</a> (NYU) have passed along the following call for abstracts for a conference on public law and populism at NYU in the fall, co-hosted by the International Journal of Constitutional Law and the Jean Monnet Center at NYU. </i><div>
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<i>The call for abstracts follows; further information is available from <a href="http://www.law.nyu.edu/llmjsd/jsdprogram/jsdcommunity/danielfrancis" target="_blank">Daniel</a>. </i><i>Note that abstracts are due by <b>March 31, 2017. </b></i><div>
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<br /><b>Call for Abstracts: Public Law and the New Populism</b></div>
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The International Journal of Constitutional Law (I-CON) is pleased to announce a call for abstracts for a workshop on "Public Law and the New Populism" to take place at NYU School of Law on September 15, 2017. The workshop will be co-hosted by the Jean Monnet Center for International and Regional Economic Law & Justice at NYU.<br /><br />The focus of the workshop will be on the relationship between the current populist turn in national and international politics, on the one hand, and legal norms and institutions on the other. The aim is to bring together constitutional, international and public law scholars to investigate some of the distinctively legal dimensions of the populist wave sweeping the world's democracies. Each paper will be presented and discussed by an assigned commentator and other participants. Following the workshop, there may be an opportunity for a subset of the papers to be submitted to the I-CON journal as a proposed symposium issue.<br /><br />Abstracts of between 250 and 750 words should be submitted on or before <b>March 31, 2017</b>, by email to Daniel Francis at <a href="mailto:daniel.francis@law.nyu.edu">daniel.francis@law.nyu.edu</a>, with "Populism Workshop Submission" in the subject line. Final papers will be due by <b>August 15, 2017</b>. We hope to attract a genuinely diverse group of scholars in all respects. We particularly welcome proposals which address one or more of the following questions:<br /><ul>
<li><b>One phenomenon or several?</b> What might be the shared or unifying dimensions, if any, of the challenges presented to constitutional and public law and institutions by the recent populist turn across the US, Europe, and parts of Asia? Are there common problems and questions across jurisdictions or are these different and distinct phenomena? Are they similar or different to those raised by earlier populist movements in Latin America and elsewhere?</li>
<li><b>Which elements of the constitutional order are under strain? </b> Populist movements and populist leaders can present new challenges for the norms and institutions of public law: which aspects or elements of the constitutional and legal order will face the greatest strain in this new chapter of political history?</li>
<li><b>Public law as a cause?</b> Does the rise of populism reflect a backlash against a systematic neglect of non-elite interests in or from constitutional and international law processes? Have aspects of public law or its application played a role in bringing about this rise? </li>
<li><b>Public law's response.</b> Does (or should) the substance or application of public law -- including its norms and its institutions -- adapt in any ways to accommodate the phenomenon of populist politics? Can (or should) public law become a point of resistance during periods of populist politics? What are the implications of the populist turn for courts and the judiciary?</li>
<li><b>What about international and transnational public law? </b> Can (or have) international or transnational legal norms and institutions responded in adequate ways to the strongly nationalist dimension of the populist turn? Do international legal norms and institutions have a legitimate role to play in shaping, constraining, or reinforcing domestic political processes at such times? More generally, what are the implications of the populist turn for law and legal institutions beyond the nation-state?</li>
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europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-74027534929256151772017-01-06T09:34:00.000-05:002017-01-06T09:34:03.904-05:00AALS Annual Meeting Today: European Law Section Panel on "Current Developments in Rights Protection in the European Union"<i>Just a reminder for all network members attending the <a href="https://www.aals.org/am2017/" target="_blank">AALS Annual Meeting</a> in San Francisco: The European Law Section's panel on <a href="https://memberaccess.aals.org/eweb/DynamicPage.aspx?webcode=SesDetails&ses_key=cd830c32-9398-4c8b-a0d2-fd93cb84ec4b" target="_blank">Current Developments in Rights Protection in the European Union: Anti-Discrimination Measures, The Charter of Fundamental Rights, and the Refugee Crisis</a>, will be held today at 8:30 am PST in Continental Parlor 7 at the Hilton San Francisco Union Square. Below is the panel description and the list of speakers.</i><br />
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Novel legislation adopted by the E.U. Council of Ministers in 2000 prohibits discrimination based on race or ethnic origin in all fields regulated by E.U. law, and prohibits discrimination in employment based on religion, age, disability, or sexual orientation. Panelists will discuss efforts to curb discrimination of the Roma people under E.U. rules and the European Convention on Human Rights, and Court judgments concerning compulsory retirement of university professors, judges, and prosecutors. Another panelist will discuss the efforts to maintain human rights protection while coping with the on-going refugee crisis. A guest European professor will discuss the impact of the U.K. referendum on withdrawal from the E.U. on the U.K. rules on residence of migrant nationals of other E.U. nations. Papers from the program will be published in <i>Fordham International Law Journal</i>. </div>
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Speakers:</div>
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Frank Emmert, Indiana University Robert H. McKinney School of Law<br />Roger J. Goebel, Fordham University School of Law<br />Dr. Laurence Gormley, University of Groningen Faculty of Law<br />Katerina Linos, University of California, Berkeley School of Law<br />Julie C. Suk, Benjamin N. Cardozo School of Law </div>
europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-17908778405930928012017-01-04T11:14:00.000-05:002017-01-04T11:14:38.807-05:00AALS European Law Section Newsletter<i>As the <a href="https://memberaccess.aals.org/eWeb/dynamicpage.aspx?webcode=ChpDetail&chp_cst_key=a0c0e90c-b544-4256-b595-776b082b0a32" target="_blank">Section on European Law</a> gathers in San Francisco for the <a href="https://www.aals.org/am2017/" target="_blank">AALS Annual Meeting</a>, we wanted to forward the annual newsletter -- with special thanks to <a href="http://www.bu.edu/law/profile/daniela-caruso/" target="_blank">Daniela Caruso</a> (BC) for her efforts in pulling this together. Daniela asks us to note, however, one change from the published version: the incoming chair will be <a href="http://www.cardozo.yu.edu/directory/julie-c-suk" target="_blank">Julie Suk</a> (Cardozo), to be followed next year by <a href="https://www.wcl.american.edu/faculty/nicola/" target="_blank">Fernanda Nicola</a> (American-WCL). Enjoy.</i><br />
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<br />europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-70075352658451934392016-12-10T10:13:00.000-05:002016-12-10T10:13:38.285-05:00Call for Papers: "New Challenges to European Solidarity" at Cambridge (March 9-10, 2017)<i>Network member <a href="http://people.ds.cam.ac.uk/ah428/" target="_blank">Alicia Hinarejos</a> (Cambridge) has written to pass along a call for papers for a terrific-looking workshop at Cambridge in March 2017. Entitled "New Challenges to European Solidarity," the event aims to bring younger scholars to Cambridge for two days to share their ideas and receive feedback from one another as well as participating senior academics. It is funded by a British Academy Rising Star Engagement Award.</i><br />
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<i>The call for papers follows below: further information is available from <a href="http://people.ds.cam.ac.uk/ah428/" target="_blank">Alicia</a>.</i><br />
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<b>New Challenges to European Solidarity: </b><b>Call for Papers</b><br />
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The European Union finds itself at a historical crossroads. It currently faces a number of existential threats that need a common and unified response; yet such a common response is likely to require unprecedented pooling of sovereignty and sharing of financial burdens among the individual Member States. In other words, these challenges require a new understanding of solidarity among the States and peoples of Europe. The responses that the Union gives to these challenges will shape European integration for the foreseeable future. This workshop will bring together young scholars who are conducting research on challenges to European solidarity, including e.g. in the context of Economic and Monetary Union, social policy, or migration. The event will provide a forum for researchers working in these areas to meet each other, present their work, and discuss their ideas with policymakers and other scholars, including senior academics who will provide feedback.<br />
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The event will take place over two days (afternoon of the 9th of March and morning of the 10th of March 2017) in Cambridge. The project is funded by a British Academy Rising Star Engagement Award and organised by Dr Alicia Hinarejos, University Senior Lecturer at the Faculty of Law, University of Cambridge.<br />
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Advanced PhD students, postdoctoral scholars and early career academics are invited to apply by <b>Friday, 13 January 2017</b>, with an abstract (500 words maximum) and a recent CV to solidarity.cambridge@gmail.com. Submission of draft papers with the application is encouraged, but not required. Selected applicants will be informed of the outcome before the end of January 2017, and invited to submit draft papers by the end of February 2017. The project will cover participants’ cost of accommodation in a Cambridge college and travel within the UK (standard class rail or airfare in accordance with University of Cambridge guidelines). For further information on the workshop, please email Alicia Hinarejos at ah428{at}cam{dot}ac{dot}uk.<br />
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europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-52082864117816312402016-12-05T21:50:00.000-05:002016-12-05T21:50:28.017-05:00Announcing NYU Global Fellowships for the 2017-2018 Academic Year<div class="separator" style="clear: both; text-align: center;">
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<i>Our colleagues at the <a href="http://www.jeanmonnetprogram.org/" target="_blank">Jean Monnet Center for International and Regional Economic Law & Justice</a> at <a href="http://www.law.nyu.edu/" target="_blank">NYU School of Law</a></i> <i>have asked us to forward the fellowship announcements below. They fall into three broad categories: the <a href="http://www.law.nyu.edu/global/globalvisitorsprogram/emilenoelfellows" target="_blank">Emile Noël Fellowship Program</a>, the <a href="http://www.law.nyu.edu/global/globalvisitorsprogram" target="_blank">Global Fellows Program</a></i>, <i>and the <a href="http://www.law.nyu.edu/llmjsd/jsdprogram/visitingdoctoralresearchers" target="_blank">Visiting Doctoral Researcher Program</a></i>. <i>Overviews of the three programs are provided below and more details are available below the fold. Questions about the Global Fellows Program should be directed to: <a href="mailto:law.globalvisitors@nyu.edu">law.globalvisitors@nyu.edu</a>. Questions about the Emile Noël Fellowships should be directed to: <a href="mailto:JeanMonnet@nyu.edu">JeanMonnet@nyu.edu</a>. Questions about the Visiting Doctoral Researcher Program should be directed to: <a href="mailto:jsdcoordinator@nyu.edu">jsdcoordinator@nyu.edu</a></i><br />
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<a href="http://www.law.nyu.edu/global/globalvisitorsprogram/emilenoelfellows" target="_blank">Emile Noël Fellowship Program</a></div>
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Deadline: January 17, 2017<br /><br />The principal objective of the Emile Noël Fellowship program is scholarship and the advancement of research on the themes prioritized by the Jean Monnet Center for International and Regional Economic Law & Justice, which include the following overarching areas: European Integration, general issues of International (principally WTO), and Regional Economic Law and Justice and Comparative Constitutional Law. The expectation is that the residency of our Fellows at NYU School of Law will result in at least one paper that will be of sufficient quality to be published as a Jean Monnet Working Paper. During the period of residence, we encourage our Fellows to participate fully in the life of the Law School and of NYU in general, not to mention the endless possibilities that New York City has to offer. The Fellows will be expected to play an active role in the activities of the Center, particularly the Emile Noël Fellows Forum, which is the vehicle through which work is presented and discussed, and encapsulates the idea of the Program – the University as a community of scholars. The Forum takes place on a regular basis throughout the fall and spring semesters.</div>
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Deadline: January 17, 2017 <br /><br />The Global Fellows Program offers an opportunity for academics, practitioners, government officials and post-doctoral scholars from around the world to spend a semester or academic year in residence at NYU School of Law. The principal objective of the Global Fellows Program is the production of scholarship through the advancement of research. We have a notable history of hosting distinguished scholars, judges, lawyers and government officials who wish to spend time advancing their scholarship and engaging in the intellectual life of the Law School. Fellows are welcome to participate in academic activities such as fora, lectures, colloquia, seminars and conferences. They are also invited to various social events, including some organized specifically for Global Fellows and others aimed at the broader community.<br /><br />Through the Global Fellows Forums, Global Fellows share their research with colleagues, students and faculty and receive comment and feedback. In this way, they contribute to the intellectual life of the Law School and provide an opportunity for the community to learn about current law research from a global perspective and in a wide range of topics. The primary goal of the Global Fellows Program is the enhancement of research and it is expected that participation in the Program will result in a substantial publishable piece of scholarship.<br /><br />In recent years, we have introduced a specialized post-doctoral programming component designed especially for our Post-Doctoral Global Fellows (fellows who have attained their doctoral degrees within the past four years and who have not yet secured a tenure-track academic appointment at an institution), in partnership with the JSD program, to provide opportunities for the exploration of methodological questions in legal research and for participating in workshops where works-in-progress may be presented.</div>
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<a href="http://www.law.nyu.edu/llmjsd/jsdprogram/visitingdoctoralresearchers" target="_blank">Visiting Doctoral Researcher Program</a></div>
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Deadline: February 15, 2017<br /><br />Visiting Doctoral Researchers are doctoral candidates enrolled in a doctoral degree program at another institution abroad who wish to benefit from spending one year of their research at NYU School of Law. They will be fully integrated into the JSD program as far as is relevant. The JSD program invites approximately five to six Visiting Doctoral Researchers each academic year to contribute to the Visiting Doctoral Researcher position.<br /><br />The Visiting Doctoral Researchers are actively integrated into the Law School community through various academic and social programs, including an invitation to participate in the JSD Colloquium where they may present their research.</div>
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<a href="http://www.law.nyu.edu/global/globalvisitorsprogram/emilenoelfellows" target="_blank">Emile Noël Fellowship Program</a></div>
Deadline: January 17, 2017<br />
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The Jean Monnet Center at NYU School of Law currently offers fellowship opportunities for scholars in the following categories:<br /><br /><b>1. Global & Senior Global Emile Noël Research Fellows</b><br />Global Emile Noël Research Fellows are post-doctoral or tenured academics with a demonstrable background of legal scholarship. More senior academics (for example, faculty members tenured for ten years or more) at the discretion of the selection committee may be designated as Senior Global Emile Noël Research Fellows. <br /><br /><b>2. Global Emile Noël Fellows from Practice and Government</b><br />Global Emile Noël Fellowships are also open to government officials, judges, officials from international organizations and lawyers in private practice who wish to take a semester or academic year away from their posts to engage in serious scholarship.<br /><br /><b>3. Post-Doctoral Global Emile Noël Fellows</b><br /><br />Post-Doctoral Global Emile Noël Fellows are post-doctoral scholars who have attained their doctoral degrees within the past four years and who have not yet secured a tenure-track academic appointment at an institution. Post-Doctoral Global Emile Noël Fellows meeting these eligibility requirements may be considered for a limited number of merit-based post-doctoral stipends of US$30,000 for the academic year (or US$15,000 per academic semester), subject to applicable tax(es). <br /><br />For more information and to apply:<br /><a href="http://jeanmonnetprogram.org/fellows/emile-noel-fellowship-overview/" target="_blank">http://jeanmonnetprogram.org/fellows/emile-noel-fellowship-overview/ </a><br /><br />
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<a href="http://www.law.nyu.edu/global/globalvisitorsprogram" target="_blank">Global Fellows Program</a></div>
Deadline: January 17, 2017 <br />
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The Global Fellows Program currently offers fellowship opportunities for scholars in the following categories:<br /><br /><b>1. Global and Senior Global Research Fellows</b><br />Global Research Fellows are tenured or tenure-track academics with a demonstrable background of strong legal scholarship. More senior academics (for example, faculty members tenured for ten years or more) may be designated as Senior Global Research Fellows at the discretion of the selection committee. <br /><br /><b>2. Global and Senior Global Fellows from Practice & Government</b><br />Global Fellows from Practice & Government are government officials, judges, officials from international organizations and lawyers in private practice who wish to take a semester or academic year away from their posts to engage in serious scholarship. More experienced officials and practitioners may be designated as Senior Global Fellows from Practice & Government at the discretion of the selection committee. <br /><br /><b>3. Post-Doctoral Global Fellows</b><br /><br />Post-Doctoral Global Fellows are post-doctoral scholars who have attained their doctoral degrees within the past four years and who have not yet secured a tenure-track academic appointment at an institution. Post-Doctoral Global Fellows meeting these eligibility requirements may be considered for a limited number of merit-based post-doctoral stipends of US$30,000 for the academic year (or US$15,000 per academic semester), subject to applicable tax(es). <br /><br />For more information and to apply:<br /><a href="http://www.law.nyu.edu/global/globalvisitorsprogram/index.htm">http://www.law.nyu.edu/global/globalvisitorsprogram/index.htm</a><br />
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<br />europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-82078711266383920422016-11-27T11:51:00.000-05:002016-11-27T11:51:07.502-05:00Mental Health Break: Nicolaïdis on the "Chaotic Grace" of New York City<i>In this age of Trump, we need diversions. Network member <a href="http://www.sant.ox.ac.uk/people/kalypso-nicolaidis" target="_blank">Kalypso Nicolaïdis</a> (Oxford) offers us some in her recent post on </i><a href="https://www.opendemocracy.net/" target="_blank">openDemocracy</a><i>, entitled "<a href="https://www.opendemocracy.net/kalypso-nicola-dis/walking-grid-of-freedom" target="_blank">Walking the grid of freedom</a>." This piece provides some (appropriately transatlantic) reflections on the great walking city that is New York, along with some wonderful evocative photographs. Below is a taste, while the remainder can be read <a href="https://www.opendemocracy.net/kalypso-nicola-dis/walking-grid-of-freedom" target="_blank">here</a>. Enjoy.</i><br />
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... I now know that avenues are not endless. At least not all of them. Park ends on Union Square, Fifth on Washington Square and Lexington on Gramercy Park. Or that this may not be such a straightforward proposition after all. Do they really end, or simply transform, change their name but not their identity, to live another life, re-gendered on the other side? After all, and after Union Square, University Place is really Broadway and Broadway may as well be Park. Or do they carry their flow underground taking their passengers under the deep blue sea? In Paris, we used to believe that the <i>Boul’ Mich</i> went all the way to the Mediterranean, <i>sous les pavé la plage</i> as they said in 68. Perhaps Park twists and turns all the way there too.<div style="text-align: left;">
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And I now know that buildings are not nameless. That the dazzling twin-towered buildings on Central Park West – the Century, the Majestic, the San Remo, the Beresford, the Eldorado – were all erected during the Great Depression on top of smaller handsome namesakes, old wealth pioneers of the upper grid two or three generations earlier. By the late 1920s, the name of the game had changed, the time had come to worship and appease new material gods. 80 years later, I float mesmerised on Central Park’s Lake below, oblivious to my kids’ antics. I now see it with absolute clarity. Gaudi’s descendants may still be labouring over the <i>Sagrada Familia</i> conceived at the same time back in Barcelona, but these buildings on the Park grew in the blink of an eye, America’s version of the same idea, living structures turned into secular cathedrals for the likes of Bono and Jobs, <i>monstres sacrés </i>whose quarters could be no other than these, boldly magnificent, awe inspiring <i>Notre Dames</i> on the Park.</div>
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My New York is grand and vain, like an endearing old lady hiding behind her grandchildren and scores of elegant scaffolding. Venice may be sinking, Istanbul spinning, Beijing rising, Rio dancing, London globalising, Paris greying, but New York who grew beautiful by mistake is aging with chaotic grace. Freed. </div>
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<a href="https://www.opendemocracy.net/kalypso-nicola-dis/walking-grid-of-freedom" target="_blank"><i>[read the full post here]</i></a></div>
europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-71817939333304821142016-11-09T19:44:00.000-05:002016-11-09T19:44:08.200-05:00Maciej Kisilowski on Central Europe’s Strategy in the Age of Trump<i>Network member <a href="https://people.ceu.edu/maciej_kisilowski" target="_blank">Maciej Kisilowski </a>(CEU) has alerted us to his timely new post on </i><a href="http://euractiv.com/">Euractiv.com</a><i>, entitled <a href="https://www.euractiv.com/section/central-europe/opinion/central-europes-strategy-in-the-age-of-trump/" target="_blank">Central Europe’s Strategy in the Age of Trump</a>. The first three paragraphs are below and the remainder can be read <a href="https://www.euractiv.com/section/central-europe/opinion/central-europes-strategy-in-the-age-of-trump/" target="_blank">here</a>.</i><br />
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The United States has just elected Donald Trump, the candidate who openly questioned the future of NATO and the need to honour America’s commitments to its allies, who publicly complimented leadership skills of Vladimir Putin and Kim Jong-un. With Brexit and the rise of right-wing parties ahead of the Austrian, Italian, French, Dutch and German ballots, our Western allies seem poised to venture into the “Trump Age.”<br /><br />Too many times in Central Europe’s history, our elites, consumed by internal infighting, were surprised by a rapid deterioration of the international environment. We should not repeat that mistake.<br /><br />While we must continue to defend the historically beneficial transatlantic order, we should also prepare our governmental institutions for the eventuality of that order weakening significantly or even disintegrating completely. <a href="https://www.euractiv.com/section/central-europe/opinion/central-europes-strategy-in-the-age-of-trump/" target="_blank"><i>[continue reading here]</i></a></div>
europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-54600434879540522962016-10-31T16:43:00.000-04:002016-10-31T16:47:08.795-04:00Will Phelan Wins 2016 Book Prize of the Political Studies Association of Ireland<div style="text-align: center;">
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<i><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEikB4t2dKuZd8gKseV_Oe1QkDAOI4CzwgkKDXES6PPJH-4rnSszJwvXrIz32snfg_Wc3TvvaIA2vP598HzHk-yj1ljrcsEVUgU7olS6yWHJy5NzgG1qu1gGkOoTiGQFPtnwPdjmWPju1XI/s1600/OUP+Cover+Image.tif" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="400" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEikB4t2dKuZd8gKseV_Oe1QkDAOI4CzwgkKDXES6PPJH-4rnSszJwvXrIz32snfg_Wc3TvvaIA2vP598HzHk-yj1ljrcsEVUgU7olS6yWHJy5NzgG1qu1gGkOoTiGQFPtnwPdjmWPju1XI/s400/OUP+Cover+Image.tif" width="262" /></a></i></div>
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<i> We are very pleased to pass on the news that network member <a href="https://sites.google.com/site/wtphelan/home" target="_blank">Will Phelan</a> (Trinity College Dublin) has been awarded the <a href="http://www.psai.ie/news/brian-farrell-book-prize.asp" target="_blank">2016 Brian Farrell Book Prize</a> by the <a href="http://www.psai.ie/default.asp" target="_blank">Political Studies Association of Ireland </a>for the best book published in political science by a PSAI member in 2015. He won the award for</i> <a href="https://global.oup.com/academic/product/in-place-of-inter-state-retaliation-9780198712794?cc=us&lang=en&" target="_blank">In Place of Inter-State Retaliation: The European Union's Rejection of WTO-style Trade Sanctions and Trade Remedies</a> <i>(OUP). Congratulations Will! For those interested, the publisher's blurb is below and more information can be found <a href="https://global.oup.com/academic/product/in-place-of-inter-state-retaliation-9780198712794?cc=us&lang=en&#" target="_blank">here</a>.</i><br />
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Unlike many other trade regimes, the European Union forbids the use of inter-state retaliation to enforce its obligations, and rules out the use of common 'escape' mechanisms such as anti-dumping between the EU member states. How does the EU do without these mechanisms that appear so vital to the political viability of other international trade regimes, including the World Trade Organization? How, therefore, is the European legal order, with the European Court of Justice at its centre, able to be so much more binding and intrusive than the legal obligations of many other trade regimes?<br />
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This book puts forward a new explanation of a key part of the European Union's legal system, emphasising its break with the inter-state retaliation mechanisms and how Europe's special form of legal integration is facilitated by intra-industry trade, parliamentary forms of national government, and European welfare states.<br />
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It argues first that the EU member states have allowed the enforcement of EU obligations by domestic courts in order to avoid the problems associated with enforcing trade obligations by constant threats of trade retaliation. It argues second that the EU member states have been able to accept such a binding form of dispute settlement and treaty obligation because the policy adjustments required by the European legal order were politically acceptable. High levels of intra-industry trade reduced the severity of the economic adjustments required by the expansion of the European market, and inclusive and authoritative democratic institutions in the member states allowed policy-makers to prioritise a general interest in reliable trading relationships even when policy changes affected significant domestic lobbies. Furthermore, generous national social security arrangements protected national constituents against any adverse consequences arising from the expansion of European law and the intensification of the European market.<br />
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The European legal order should therefore be understood as a legalized dispute resolution institution well suited to an international trade and integration regime made up of highly interdependent parliamentary welfare states.</div>
europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com1tag:blogger.com,1999:blog-270316740041968300.post-13523681250564740392016-10-19T10:12:00.001-04:002016-10-19T10:12:27.522-04:00Welcome to the blogosphere: "EU Law Enforcement" -- the blog of the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE)<i>We are delighted to pass on the news from our friends at the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE) that they have a new blog: </i><a href="http://eulawenforcement.com/" target="_blank">EU Law Enforcement</a><i>. Below is the announcement received from <a href="http://www.uu.nl/medewerkers/MScholten/0" target="_blank">Mira Scholten</a> (Utrecht), co-editor of the blog, along with an invitation to read the first post.</i><br />
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I am happy to announce the creation of our new blog - http://eulawenforcement.com/ - and its first blog post ‘<a href="http://eulawenforcement.com/?p=30" target="_blank">Mind the trend! Direct enforcement of EU law and policies is moving to ‘Brussels’</a>’ (http://eulawenforcement.com/?p=30#more-30).<br /><br />Our aim is to establish a point for gathering information on and discussion of the new trend of proliferation of EU enforcement authorities and implications that they bring along. Each month we will publish a blog post written by an academic expert in the field, practitioner, representative of a civil society organization, etc. If you are interested to contribute or if you have (know of) a relevant publication/activity in the field, please, let me know! </div>
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<i>And here's a taste from the first post, </i><a href="http://eulawenforcement.com/?p=30" target="_blank">Mind the trend! Direct enforcement of EU law and policies is moving to ‘Brussels’</a>:</div>
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The number of EU entities acquiring direct enforcement powers has grown from one to eight recently. The first post of this blog puts on the map and raises awareness of an ongoing development in the EU law and governance – proliferation of EU enforcement authorities (EEAs) – which so far has been unnoticed. The aim is to launch a discussion of the aims, means and challenges of this development to understand and contribute to shaping of effective and secure law enforcement in the EU. </div>
europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-8717990015800392802016-10-15T13:12:00.000-04:002016-10-15T13:15:03.444-04:00Antoine Vauchez on the Trap of the European "Grand Narrative"<i>Just a reminder to readers that the blog '</i><a href="http://doyoulaw.blogs.liberation.fr/" target="_blank">Do You Law?</a><i>', from network members <a href="https://www.u-paris10.fr/mme-stephanie-hennette-vauchez-hennette--699531.kjsp?RH=FR" target="_blank">Stéphanie Hennette Vauchez</a> (Paris-Nanterre) and <a href="http://cessp.cnrs.fr/spip.php?rubrique131&lang=fr" target="_blank">Antoine Vauchez</a> (CNRS), appears in the Paris daily </i><a href="http://www.liberation.fr/" target="_blank">Liberation</a><i>. If you can read French, it's a great way to follow legal controversies in France and the EU more broadly. Below is a translation of an excerpt from recent post by Antoine entitled "<a href="http://doyoulaw.blogs.liberation.fr/2016/09/01/desserrer-letau-europeen/" target="_blank">Finding the 'European People' Behind the 'Founding Fathers'</a>".</i><br />
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The European Union is indeed haunted by the "grand narrative" of its inexorable development. At the risk of saturating the "European project" with myths and symbols, European institutions have continued to focus on building a "European pantheon" for its the founding fathers, with the original prophecy being the "Schuman declaration" of 9 May 1950, paving the way for the European Communities. Hackneyed to boredom, this teleological story has ended up trapping us. With our eyes fixated on the future development of the Union and its eventual emergence as a European <i>democracy</i>, we have come to see the repeated "crises" of European integration as merely opportunities for "relaunch", thus concealing both the social and economic contradictions as well as the democratic impasses that they entail. By viewing the history of Europe as the unfolding of <i>one</i> project, we have paved the way for its rejection "en bloc" as a consequence of the Union's improbable DNA. Between a golden legend and a black legend, a mythical relationship was born within the European "project" that condemns us to a choice between the <i>status quo</i> of a Brussels-based political world that navigates without instruments and the total rejection of that world by "sovereigntists".</div>
europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-3509235049935553482016-10-04T13:10:00.001-04:002016-10-04T13:13:00.242-04:00Call for Panels: "Sustainability and Transformation" Conference at the University of Glasgow (July 12-14, 2017)<i>Friend of the network Lillian Klein (Council for European Studies at Columbia University) has written to share a call for panels for the 24th International Conference of Europeanists. The conference is entitled "Sustainability and Transformation" and will be held at the University of Glasgow on July 12-14, 2017.</i><br />
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<i>An extract from the organizers' blurb follows. The call for proposals is available <a href="https://councilforeuropeanstudies.org/conferences/upcoming-conferences/11-meetings-and-conferences/269-24th-international-conference-of-europeanists-call-for-proposals" target="_blank">here</a> and further information on the conference may be found <a href="https://councilforeuropeanstudies.org/conferences/upcoming-conferences/11-meetings-and-conferences/289-24th-conference-general-information" target="_blank">here</a>. </i><br />
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<i>Note that the deadline for proposals is today: <b>October 4, 2016.</b></i><br />
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<b>Sustainability and Transformation</b><br />
University of Glasgow, UK (July 12-14, 2017)<br />
<i>Organized by the Council for European Studies</i><br />
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Europe is currently sinking into its deepest morass since the 1960s. Questions about the sustainability of European political economies, social solidarity, party systems, values, and the project of European integration abound. With the British voting to leave the European Union, and powerful political forces in other member states pressing for similar moves, the future of the EU is on the line. Paraphrasing the famous quote from Giuseppe Tomasi di Lampedusa’s great novel The Leopard, “for things to remain the same, everything must change.” Many argue: if Europe is to reinvigorate its economy, society, politics, and culture, transformations are necessary.<br />
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<a name='more'></a>Sustainability, a concept borrowed from and often linked to ecology, refers to the capacity to survive, to remain diverse and productive into the foreseeable future. We invite panels and proposals that investigate the sustainability of current European policies, dynamics, and an integrated Europe, as well as proposals that explore ways political actors can promote or damage sustainability. Threats to sustainability often emerge from exclusive attention to improving efficiency, reducing risk, boosting legitimacy, or strengthening social cohesion at the local level (at the expense of the survival of the wider system in which these efforts are embedded). Companies that successfully pursue profit threaten their natural and social environment. Investors who hedge their own risk endanger financial markets. National politicians who pander to voters and shun international responsibilities to keep power imperil the global order. Efforts to achieve ethnic, regional, and national unity by fanning tribalism and xenophobia fracture relationships with other groups and generate large-scale conflicts.<br />
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Are the refugee policies of the European states sustainable in the long run, or will short-term solutions destabilize Europe as a whole? Can the current policies governing the management of the European monetary union work for both individual countries and the entire union in the end? Has Brexit ushered in a phase of European disintegration? Are we entering a world of great volatility where decisions lead to unpredictable chain reactions?<br />
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Transformation refers to major change, in either form or substance. We invite panels and proposals that investigate the transformations Europe currently faces, as well as the major changes required to respond to them. For example, emerging technology is on the verge of making renewable energy viable; advances in genetics are confronting European societies with new ethical and medical dilemmas; the combined power of communication technology and artificial intelligence is now poised to profoundly reorganize the way people live, think and work and even the way crime and terrorism occur or can be averted. Dramatic shifts in the transnational movement of people and the demographic profile of European societies are intersecting to create new challenges for European politicians and citizens. The drift towards right-wing populism and the revival of nationalism are destabilizing democratic political institutions. These transformations are posing difficult problems and call for other major changes that deliver sustainable solutions.<br />
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<b>Proposals may be submitted from August 15th to October 4th, 2016. </b>Priority will be given to panel submissions. Participants will be notified of the Program Committee’s decision by January 9th, 2017.<br />
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Further information is available <a href="https://councilforeuropeanstudies.org/conferences/upcoming-conferences/11-meetings-and-conferences/269-24th-international-conference-of-europeanists-call-for-proposals" target="_blank">here</a>.europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-5448515001979126762016-10-04T12:58:00.000-04:002016-10-04T13:12:28.037-04:00"Towards a New EU": Graduate Student Conference at the University of Pittsburgh (March 17-18, 2017)<i>Network member <a href="https://its.law.nyu.edu/facultyprofiles/index.cfm?fuseaction=profile.overview&personid=31563" target="_blank">Gráinne de Búrca</a> (NYU) has drawn our attention to a graduate student conference organized by the European Union Studies Association on March 17-18, 2017, at the University of Pittsburgh, which may be of interest to network members with graduate students working on European issues. </i><i>The conference is entitled "Towards a New EU," and welcomes "submissions from all disciplines and topics including, but not limited to, EU politics, governance, economics, law, history, security studies, institutions and behavior studies, and cultural studies, as well as enlargement, immigration, development, trade, and foreign policy." </i><br />
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<i>The organizers' blurb follows; full information and a link to upload submissions can be found <a href="https://eustudies.org/conference/15" target="_blank">here</a>. </i><br />
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<i>Note that the deadline for paper submissions is <b>November 15, 2016.</b></i><br />
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<b>12th Annual Graduate Student Conference on the European Union: Towards a New EU</b><br />
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Since its inception, the European Union has been conceived of as a new kind of project – a supranational experiment involving economic and fiscal union, political union, and even cultural policy. After decades of growth and expansion, the EU was hit by several years of recession and slow recovery and now faces its first significant episode of contraction with the UK’s exit. What is the future for the European Project? With both an on-going migration crisis and the great unknown of Brexit looming, what challenges does Europe face as an actor in global politics? Will other member states follow suit in rejecting the European project (or aspects thereof)? The Organizing Committee of the Twelfth Annual Graduate Student Conference on the European Union welcomes submissions from all disciplines and topics including, but not limited to, EU politics, governance, economics, law, history, security studies, institutions and behavior studies, and cultural studies, as well as enlargement, immigration, development, trade, and foreign policy. Papers addressing the theme of the conference will receive special consideration.<br />
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<a name='more'></a><b>Submission Deadline for Abstracts: November 15, [2016]</b><br />
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At least two (2) nights of housing will be provided for accepted conference participants. In addition, accepted students will be invited to attend a Faculty Research Conference which will be held at Pitt March 15-17, 2017. That conference, the theme of which is “A Diversity of (European) Identities: From the Subnational to the Supranational,” will feature keynote addresses by Monserrat Guibernau (Sociology, University of Cambridge) and Matthew Goodwin (Politics and International Relations, University of Kent, UK). For more, see http://www.ucis.pitt.edu/esc/content/upcoming-conferences. Special social events will be organized for participants in both conferences to network; senior researchers participating in the Faculty Research Conference will be invited to serve as discussants on student panels at the GSCEU. An additional night of housing may be available to take advantage of this opportunity.<br />
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Abstracts should be 250-300 words in length. Preference will be given to abstracts that clearly specify the research design of the paper, including its theoretical approach and methods. Abstracts must be submitted on-line at https://eustudies.org/conference/15. Please also upload a current CV with your submission.<br />
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Further information <a href="https://eustudies.org/conference/15" target="_blank">here</a>.europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-80865130278281697592016-09-15T09:59:00.000-04:002016-09-15T09:59:34.430-04:00Book Announcement: Jan-Werner Müller, What Is Populism? (Penn 2016)<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiojFnylDbmGWnX4U79kNalenctgJky-QrYZBcyZaobdWVPcDIssCll1EnmzOBYlrS0gp6kxrSjVTad7mf6Rc4vuG5ByEGmuUEZzRfY-l4VC4VuBDm622OxZWvjm3X31ftZmLxqzo3lyPA/s1600/What+Is+Populism.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="200" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiojFnylDbmGWnX4U79kNalenctgJky-QrYZBcyZaobdWVPcDIssCll1EnmzOBYlrS0gp6kxrSjVTad7mf6Rc4vuG5ByEGmuUEZzRfY-l4VC4VuBDm622OxZWvjm3X31ftZmLxqzo3lyPA/s200/What+Is+Populism.jpg" width="138" /></a></div>
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<i>Network member <a href="http://www.princeton.edu/politics/people/display_person.xml?netid=jmueller" target="_blank">Jan-Werner Müller</a> (Princeton) announces a new book from University of Pennsylvania Press, entitled "<a href="http://www.upenn.edu/pennpress/book/15615.html" target="_blank">What Is Populism?</a>" In an analysis described by Dani Rodrik as "masterful," the new volume sets out to untangle the concept of populism, to map its relationship to pluralism and authoritarianism, and to set out strategies for response to populist movements. The publisher's blurb follows; the book can be ordered <a href="http://www.upenn.edu/pennpress/book/15615.html" target="_blank">here</a>.</i><br />
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Donald Trump, Silvio Berlusconi, Marine Le Pen, Hugo Chávez—populists are on the rise across the globe. But what exactly is populism? Should everyone who criticizes Wall Street or Washington be called a populist? What precisely is the difference between right-wing and left-wing populism? Does populism bring government closer to the people or is it a threat to democracy? Who are "the people" anyway and who can speak in their name? These questions have never been more pressing.<br />
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In this groundbreaking volume, Jan-Werner Müller argues that at populism's core is a rejection of pluralism. Populists will always claim that they and they alone represent the people and their true interests. Müller also shows that, contrary to conventional wisdom, populists can govern on the basis of their claim to exclusive moral representation of the people: if populists have enough power, they will end up creating an authoritarian state that excludes all those not considered part of the proper "people." The book proposes a number of concrete strategies for how liberal democrats should best deal with populists and, in particular, how to counter their claims to speak exclusively for "the silent majority" or "the real people."<br />
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Analytical, accessible, and provocative, What Is Populism? is grounded in history and draws on examples from Latin America, Europe, and the United States to define the characteristics of populism and the deeper causes of its electoral successes in our time.europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-2082868851665439432016-09-15T09:58:00.000-04:002016-09-15T09:58:33.773-04:00Kelemen and Blauberger on Democratic Backsliding<i>In a new article, out now with the Journal of European Public Policy, network member <a href="http://fas-polisci.rutgers.edu/dkelemen/" target="_blank">Dan Kelemen</a> (Rutgers) and his co-author Michael Blauberger (Salzberg) examine the ways in which the European Union can serve as a bulwark against what the authors call "democratic backsliding." Entitled "<a href="http://www.tandfonline.com/doi/abs/10.1080/13501763.2016.1229356?journalCode=rjpp20" target="_blank">Introducing the debate: European Union safeguards against member states’ democratic backsliding,</a>" the piece explores the mechanisms available to the Union, their practical feasibility, and their implications.</i><br />
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<i>The abstract follows; the article can be found <a href="http://www.tandfonline.com/doi/abs/10.1080/13501763.2016.1229356?journalCode=rjpp20" target="_blank">here</a>.</i><br />
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Today, the European Union (EU) is confronting a new democratic deficit at the national level. A number of EU member states have experienced an erosion of democracy and the rule of law in recent years, most severely in Hungary and Poland. Drawing on different strands of political science research, the contributions to this section debate the strengths and weaknesses of the various safeguards and tactics the EU has deployed or might deploy to resist democratic backsliding by member governments. This brief introduction raises the main questions of the debate: how politically feasible is the application of existing and proposed EU safeguards, and what are the likely consequences, intended as well as unintended, of various judicial and political approaches?europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-12070922961210221532016-09-04T08:14:00.001-04:002016-09-04T08:19:45.047-04:00Jan-Werner Müller in The Guardian on Populism<i>Network member <a href="http://www.princeton.edu/politics/people/display_person.xml?netid=jmueller" target="_blank">Jan-Werner Müller</a> (Princeton) has a new piece out in The Guardian. In the article, entitled "</i><a href="https://www.theguardian.com/books/2016/sep/02/trump-erdogan-farage-the-attractions-of-populism-for-politicians-the-dangers-for-democracy" target="_blank"><i>Trump, Erdoğan, Farage: The attractions of populism for politicians, the dangers for democracy</i></a><i>," Jan-Werner offers a thoughtful and incisive examination of the various forms of populism and the complex relationships between populism, democracy, and identity. </i><br />
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<i>The first paragraph follows; the full piece may be found <a href="https://www.theguardian.com/books/2016/sep/02/trump-erdogan-farage-the-attractions-of-populism-for-politicians-the-dangers-for-democracy" target="_blank">here</a>.</i><br />
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After Brexit, and with a Trump victory in November still a possibility, liberals are in a panic about populism. They have struggled to comprehend what a figure like Trump is about ideologically – hence the enormous amount of ink spilt over the question of whether he is or isn’t a fascist – and the rather hapless attempt to coin the term “Trumpism” (Trump, you see, is really a representative of Trumpism). Alternatively, liberals have focused on actual Brexit and Trump supporters and jumped to conclusions about what they think and, especially, feel. As a result, the content of what, after all, is an “-ism” – that is to say, a political belief system – has become conflated with the supposed psychological states of its supporters, namely feelings of resentment and relative deprivation.<br />
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The piece continues <a href="https://www.theguardian.com/books/2016/sep/02/trump-erdogan-farage-the-attractions-of-populism-for-politicians-the-dangers-for-democracy" target="_blank">here</a>.europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-90282428680031608482016-08-31T08:21:00.000-04:002016-08-31T08:21:10.447-04:00Dan Kelemen on "Poland's Constitutional Crisis: How the Law and Justice Party is Threatening Democracy"<i>Network member <a href="http://fas-polisci.rutgers.edu/dkelemen/index.html">R. Daniel Kelemen</a> (Rutgers) has alerted to his new piece in </i><a href="https://www.foreignaffairs.com/">Foreign Affairs</a><i>, entitled "<a href="https://www.foreignaffairs.com/articles/poland/2016-08-25/polands-constitutional-crisis">Poland's Constitutional Crisis: How the Law and Justice Party is Threatening Democracy</a>," which may be of interest to readers. The first paragraph is below and the remainder can be read <a href="https://www.foreignaffairs.com/articles/poland/2016-08-25/polands-constitutional-crisis">here</a>.</i><br />
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After simmering for nine months, the tension between Poland’s ruling Law and Justice (PiS) party and the country’s highest court, the Constitutional Tribunal, is coming to a boil. The PiS government is attempting an unconstitutional takeover of the tribunal—ignoring its rulings, trying to pack it with new judges, and, most recently, threatening the head judge with prosecution. At stake are the survival of constitutional democracy and the rule of law in Poland. <i><a href="https://www.foreignaffairs.com/articles/poland/2016-08-25/polands-constitutional-crisis">[continue reading here]</a> </i></div>
europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-30264842025232796582016-08-28T22:48:00.000-04:002016-08-29T09:01:21.278-04:00Gareth Davies on "Could It All Have Been Avoided? Brexit and Treaty-Permitted Restrictions on Movement of Workers"<i>Network member <a href="http://www.rechten.vu.nl/en/about-the-faculty/faculty/faculty/transnational-legal-studies/davies-g-t.aspx">Gareth Davies</a> (VU Amsterdam) has alerted us to a new blog post entitled "<a href="http://europeanlawblog.eu/?p=3294">Could It All Have Been Avoided? Brexit and Treaty-Permitted Restrictions on Movement of Workers</a>," which recently appeared on the </i><a href="http://europeanlawblog.eu/">European Law Blog</a>. <i>The opening paragraphs are below and the remainder can be read <a href="http://europeanlawblog.eu/?p=3294">here</a>.</i><br />
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Of course, it wasn’t all about
immigration. But that claimed flood of Eastern Europeans was certainly
at the heart of the leave campaign, and, unusually for an immigration
debate, it was their right to work in the UK that was the political
issue: there were too many of them, they were pushing down wages, they
were keeping the low-skilled native out of work, they were costing the
government a fortune in in-work benefits, they were making towns and
villages unrecognisable and alienating the more established inhabitants.</div>
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Whether or not they were true, a lot of
these claims seemed to be shared by both sides. Cameron didn’t so much
deny them, as offer counter-claims (but they do add to the economy) and
promises of change (if you vote remain, we’ll have a new deal and be
able to do something about it!).</div>
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So the question is this: if the
government thought that free movement of workers was causing such
terrible problems, why didn’t it impose restrictions years ago when the
post-Enlargement flood was at its high point and the issue first became
prominent? <a href="http://europeanlawblog.eu/?p=3294"><i>[continue reading here]</i></a><br />
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europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-24668396389761347172016-08-25T12:49:00.001-04:002016-08-26T10:35:12.193-04:00Dominik Steiger on Access to Social Benefits in the European Union<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg-lBi4CSr0GZLmL-kru67OUaYGtWONo45_xO2TqX87BM_UZmYatnYzQ3ajlTvB7UIKPkuye2yyi2ojj6KkfxZLAyqosSjcQnFkFGALRF15EKEaNNtGuio8XFppCTm_sz8b4VWLxR0VB3I/s1600/Steiger.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="200" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg-lBi4CSr0GZLmL-kru67OUaYGtWONo45_xO2TqX87BM_UZmYatnYzQ3ajlTvB7UIKPkuye2yyi2ojj6KkfxZLAyqosSjcQnFkFGALRF15EKEaNNtGuio8XFppCTm_sz8b4VWLxR0VB3I/s200/Steiger.jpg" width="150" /></a><i>In this post, network member <a href="http://www.jura.fu-berlin.de/fachbereich/einrichtungen/oeffentliches-recht/lehrende/kriegerh/mitarbeiter/Steiger_Dominik1/index.html" target="_blank">Dominik Steiger</a> (Berlin) explores one of the most complex and controversial areas of EU law: access to social benefits. Focusing on the apparent retreat from the aggressive position staked out by the Court in the </i>Grzelczyk <i>case, Steiger identifies and explores an apparent conflict between national solidarity and European identity.</i><br />
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<b>Cutting Back on Equal Access to Social Benefits for EU Foreigners: National Solidarity vs. European Identity</b><br />
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European solidarity and national identity alike have been put to the test during recent years, especially during the banking and state debt crisis. In these days, Europe was on the verge of breaking apart. Angela Merkel appeared to complain about “<a href="https://euobserver.com/political/32363" target="_blank">lazy Greeks</a>” and Greeks marched in the streets showing pictures of her <a href="http://www.businessinsider.com/protester-dresses-up-as-hitler-in-greece-to-protest-merkel-2012-10" target="_blank">as a Nazi</a>. It took many legal documents and even more late-night sessions in Brussels, but Europe managed to handle the crisis. It rescued the banking system and the states alike – and, at least for the time being, European solidarity prevailed, even if states had to give up on some of the principles that they like to think to form part of their national identity.<br />
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<a name='more'></a><i>European identity and the development from the “market citizen” to the “social citizen”</i><br />
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Today Europe faces an even bigger crisis, as European identity is at stake – the Brexit referendum is a symptom, not the cause, of that crisis. Usually national identity is at the forefront of today’s identity discussion: it has rightly been called a “<a href="http://www.jeanmonnetprogram.org/paper/a-living-constitutional-identity-the-contribution-of-non-judicial-actors/" target="_blank">#trending topic</a>”. But there also exists, possibly still <i>in statu nascendi </i>or as the Commission says “<a href="http://ec.europa.eu/research/social-sciences/pdf/policy_reviews/development-of-european-identity-identities_en.pdf" target="_blank">unfinished business</a>”, a distinctive European identity. Even if we do not exactly know what the European identity consists of, the rights of European citizenship (Article 20 TFEU), the rights to free movement (Arts. 21, 45, 49, 56 TFEU and Art. 45 Charter of Fundamental Rights of the EU) and the principle of non-discrimination among European citizens (Article 18 TFEU) are among its essential elements.<br />
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These norms have been interpreted by the European Court of Justice in the early 2000s, during an unprecedented time of EUphoria, in a very progressive and inclusive manner. The Court’s decisive move was to find that the principle of non-discrimination applies to every EU citizen who made use of her right to move and reside freely within the territory of the Member States. This reading of the European treaties led to the application of the principle of non-discrimination in scenarios which had probably not been foreseen by the Member States: The ECJ granted access to a variety of forms of social benefits as long as an EU citizen has made use of her right of freedom of movement. In the famous 2001 <a href="http://curia.europa.eu/juris/liste.jsf?language=en&num=C-184/99" target="_blank"><i>Grzelczyk</i></a> judgment, the Court for the first time proclaimed that the concept of citizenship of the Union is “destined to be the fundamental status of the nationals of the Member States.” In this case, Rudy Grzelczyk, a French student who studied for three years in Belgium, applied in vain in his fourth year for access to “minimex” under the Belgian social security system.. The ECJ held that the denial amounted to discrimination on the basis of nationality, contrary to Articles 18 and 21 TFEU. Other cases followed, in which the ECJ granted EU foreigners equal access to other forms of social benefits.<br />
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This jurisprudence has been hailed as a development from the “market citizen” to the “social citizen.” In fact, the European Union, often described as an elitist project, has opened itself up to those unable to support themselves by granting every EU citizen non-discriminatory access to the means of subsistence and thereby enabling everybody to effectively make use of the freedom of movement. This inclusion and empowerment of everybody to engage in free movement can indeed be regarded as an important factor in creating a European identity, because freedom of movement is a prerequisite for getting to know, experience, touch, feel, and live Europe.<br />
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<i>Brexit referendum and cutbacks of in-work benefits</i><br />
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Today, these achievements are under pressure. Cutting back on equal access to benefits has come to the forefront of a discussion that threatens to tear Europe apart: the British government <a href="http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.CI.2016.069.01.0001.01.ENG" target="_blank">renegotiated parts of the European project</a>. Although the British people still voted to leave the Union in the famous Brexit referendum, some of the envisaged new rules might still be put into place as other Member States, <i>inter alia </i>Germany, have an own interest in their entry into force. One of the four points that were renegotiated concerned the influx of EU foreigners and their equal access to a Member State’s non-contributory in-work benefits regime which serves to top-up low pay: for the first four years of residence, the renegotiation provides for a Member State to limit the access to social welfare of works on a proposal from the Commission after an authorization from the Council. This would be triggered by an inflow of workers from other Member States of an exceptional magnitude over an extended period of time on a scale that affects essential aspects of its social security system. The limitation must be graduated, starting from an initial complete exclusion but gradually increasing access to such benefits to take account of the growing connection of the worker with the labor market of the host member state. Furthermore, child benefits for children who have not followed their migrant parents to the UK but still live in their home country, may be adjusted to the standard of living in the respective country.<br />
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<i>Germany’s plans to cut back social benefits for non-workers</i><br />
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Germany and France also plan to cut back on the equal access to social benefits of EU foreigners. By contrast with the UK, these two countries concentrate on social benefits for non-workers. In the last week of April, Germany unveiled a <a href="http://www.ft.com/cms/s/0/25bec884-0d52-11e6-9cd4-2be898308be3.html" target="_blank">plan to exclude EU foreigners from social benefits to up to five years</a>. France plans to follow suit but has not yet released any proposal.<br />
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<i>The ECJ’s endorsement of cutbacks of social benefits </i><br />
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The European Court of Justice is playing along: In four recent major judgments on the access to social welfare for EU foreigners (<i><a href="http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d0f130d5ce850326373542ea993fb0a74adac308.e34KaxiLc3eQc40LaxqMbN4OchuLe0?text=&docid=159442&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=149610" target="_blank">Dano</a></i>, <i><a href="http://curia.europa.eu/juris/liste.jsf?language=en&jur=C,T,F&num=c-67/14" target="_blank">Alimanovic</a></i>, <i><a href="http://curia.europa.eu/juris/liste.jsf?num=C-299/14" target="_blank">García-Nieto</a></i>, <i><a href="http://curia.europa.eu/juris/document/document.jsf?text=&docid=180083&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1" target="_blank">Commission v. UK</a></i>) the European Court of Justice has allowed states to cut back on social benefits. In the view of the ECJ, the cutbacks were all consistent with the Citizens’ Rights Directive 2004/38 and the Regulation on the Coordination of Social Benefits 883/2004. Thus, in its 2014 <i><a href="http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d0f130d5ce850326373542ea993fb0a74adac308.e34KaxiLc3eQc40LaxqMbN4OchuLe0?text=&docid=159442&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=149610" target="_blank">Dano</a></i> judgment, the Grand Chamber allowed Germany to exclude EU foreigners from social benefits if they are not seeking a job. The litigation concerned Ms. Dano, a Romanian citizen who had lived in Germany for more than three months but never worked, and who had been excluded from access to social benefits. In the 2015 <i><a href="http://curia.europa.eu/juris/liste.jsf?language=en&jur=C,T,F&num=c-67/14" target="_blank">Alimanovic</a> </i>judgment, the ECJ clarified and deepened its <i>Dano </i>jurisprudence. The Alimanovic case concerned a woman from Sweden who had lived and worked in Germany for more than three months but eventually lost her job. Although she was searching for new work, she was—lawfully, the Court held—excluded from social benefits after six months. Then, in the 2016 <i><a href="http://curia.europa.eu/juris/liste.jsf?num=C-299/14" target="_blank">García-Nieto</a></i> judgment, the ECJ considered the position of those persons applying for social security who arrived in Germany less than three months before the date of the application, and who were actively looking for a job but had not found any yet. Again, the ECJ allowed for the exclusion of EU foreigners from social benefits. Finally, the ECJ in its judgment in <a href="http://curia.europa.eu/juris/document/document.jsf?text=&docid=180083&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1" target="_blank"><i>Commission v. UK</i></a> of 14 June 2016—just 10 days before the Brexit referendum—held that Member States may exclude non-workers from child benefits and child tax credits.<br />
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<i>National solidarity vs. European identity</i><br />
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This rollback in equal access to social benefits for workers and non-workers alike is justified, by the states and the ECJ alike, by reference to the stability of the national social systems. The rationale goes like this: only cutbacks on social benefits for EU-foreigners allow the social system, which relies on general tax revenue, to remain stable and reliable. Thus, solidarity <i>vis-à-vis</i> nationals is understood as a justification for limitations of rights that are fundamental in creating a European identity.<br />
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This understanding changes the discourse on solidarity and identity in a fundamental way. National identity is closely connected to the principle of subsidiarity. Both principles are protected by the Treaties and serve the aim of finding the right balance between the competences of the European Union on the one hand and the competences of the Member States on the other hand. Thus, national identity serves as a defense shield against a too-powerful Union. On the contrary, national solidarity points in another direction as it neither serves the preservation of national competences nor is it directed against a too-powerful Union. Rather, the notion of national solidarity may lead to the factual and even legal discrimination against EU foreigners and is thus directed against individuals from other EU member states.<br />
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While it is certainly true that some of the described limitations of equal access to social benefits pass the proportionality test, the limitations granted by the ECJ (and apparently envisaged by the Member States) show where Europe might be heading: towards more nationalism, towards more exclusion and towards “less Europe.” The current developments go to the very heart of the idea of the European Union, allowing for discrimination and exclusion on grounds of nationality against EU citizens, thereby reserving the right of free movement to the strong and the fortunate. Allowing such discrimination undermines the European identity and calls European solidarity into question. In these times in which nationalism is on the rise everywhere, the European Union and its Member States need to be reminded that Europe can only remain strong and prosperous and unified as long as the European citizenship remains “the fundamental status of the nationals of the Member States.”<br />
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europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-2594226085191179472016-08-24T10:49:00.001-04:002016-08-24T10:52:00.972-04:00Book Announcement: Interparliamentary Cooperation in the Composite European Constitution (Nicola Lupo and Cristina Fasone, eds.)<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhRDiL-s1ZJOPw4dClSqLERvrvmgY2aEYNjQRjqBmHAWmBsekVU4lEosWl02B_gtn9N-TK01yC9cPnLzymRVqnSYGyeVreMxUJTiqm-8oTNpp958u3VetNi3sSaw12ddwHxLkp2cSFWsWM/s1600/9781782256977.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhRDiL-s1ZJOPw4dClSqLERvrvmgY2aEYNjQRjqBmHAWmBsekVU4lEosWl02B_gtn9N-TK01yC9cPnLzymRVqnSYGyeVreMxUJTiqm-8oTNpp958u3VetNi3sSaw12ddwHxLkp2cSFWsWM/s320/9781782256977.jpg" width="221" /></a></div>
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<i>Network member <a href="http://docenti.luiss.it/lupo/my-cv-in-english/" target="_blank">Nicola Lupo</a> (LUISS), together with <a href="http://docenti.luiss.it/fasone/" target="_blank">Cristina Fasone</a> (also LUISS), have alerted us that their new edited volume </i><a href="http://www.bloomsburyprofessional.com/uk/interparliamentary-cooperation-in-the-composite-european-constitution-9781782256977/" target="_blank">Interparliamentary Cooperation in the Composite European Constitution</a><i> has now appeared from <a href="http://www.bloomsburyprofessional.com/uk/hart/" target="_blank">Hart</a>. Below is the publisher's blurb and more information, including the Table of Contents (noting several contributions by other network members), can be found <a href="http://www.bloomsburyprofessional.com/uk/interparliamentary-cooperation-in-the-composite-european-constitution-9781782256977/" target="_blank">here</a>. Hart has graciously offered readers a 20 per cent discount if they choose to purchase (see <a href="http://www.bloomsburyprofessional.com/uk/interparliamentary-cooperation-in-the-composite-european-constitution-9781782256977/" target="_blank">here</a> -- use code CV7 at checkout to get the discount).</i><br />
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This collection analyses the place and the functioning of interparliamentary cooperation in the EU composite constitutional order, taking into account both the European and the national dimensions. The chapters join the recent scholarship on the role of parliaments in the EU after the Treaty of Lisbon.The aim of this volume is to highlight the constitutional significance of interparliamentary cooperation as a permanent feature of EU democracy and as a new parliamentary function as well as to investigate the practical side of this relatively new phenomenon. To this end the contributors are academics and parliamentary officials from all over Europe.<br />
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The volume discusses the developments in interparliamentary cooperation and its implications for the organisation and procedures of national parliaments and the European Parliament, for the fragmented executive of the EU, and for the democratic legitimacy of the overall EU composite Constitution. These issues are examined by looking at the European legislative process, the European Semester and the Treaty revisions. Moreover, the contributions take into account the effects of interparliamentary cooperation on the internal structure of parliaments and analyse the different models of interparliamentary cooperation, ie from COSAC to the new Interparliamentary Conference on Stability, Economic Coordination and Governance in the European Union provided by the Fiscal Compact. </div>
europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-58471997976759394412016-07-22T12:11:00.002-04:002016-07-22T12:11:48.724-04:00Turkuler Isiksel on the Turkish Coup and Its Aftermath<i>Network member <a href="http://polisci.columbia.edu/people/profile/88" target="_blank">Turkuler Isiksel</a> (Columbia) was born in Turkey but left to attend university in Edinburgh, later receiving her Ph.D. from Yale. She recently gave an interview </i><i><i>to the </i></i><a href="http://news.columbia.edu/" target="_blank">Columbia News</a><i>, entitled "<a href="http://news.columbia.edu/content/5-Questions-on-Unrest-in-Turkey" target="_blank">5 Questions on the Unrest in Turkey</a>", </i><i>which may be of interest to the readers. The first Q&A is excerpted below and the remainder of the interview can be found <a href="http://news.columbia.edu/content/5-Questions-on-Unrest-in-Turkey" target="_blank">here</a>.</i><br />
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<i> </i>Q. Turkey has had a number of coups since 1960. What makes this latest one stand out from the others?<br /><br />A. There have been two direct military takeovers of the government, in 1960 and 1980, and two ultimatums issued by the military that brought down the elected governments of the time in 1971 and 1997. Each must be understood in context, but they all reflect the Turkish military’s self-understanding as the guarantor of the republic established by Mustafa Kemal Ataturk [Turkey’s first president, from 1923-1938.] In each instance, coup leaders viewed themselves as empowered to decide when the republic was in danger and how it needed to be defended, even if they had no legal authority to step in. Unlike those four instances, however, the July 15th coup attempt appears to be the work of a rogue clique within the military. <a href="http://news.columbia.edu/content/5-Questions-on-Unrest-in-Turkey" target="_blank"><i>[continue reading here]</i></a></div>
europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-36651778674614806532016-06-29T10:01:00.000-04:002016-06-29T10:01:33.015-04:00Dan Kelemen in Foreign Affairs on Brexit: London Falling<i>Network member <a href="http://fas-polisci.rutgers.edu/dkelemen/" target="_blank">Dan Kelemen</a> (Rutgers) has a great piece out in Foreign Affairs on the impact and causes of Brexit: the UK's "historic act of self-harm." Entitled <a href="https://www.foreignaffairs.com/articles/united-kingdom/2016-06-27/london-falling" target="_blank">London Falling</a>, it is available in full <a href="https://www.foreignaffairs.com/articles/united-kingdom/2016-06-27/london-falling" target="_blank">here</a> (free registration required). The first two paragraphs follow.</i><br />
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In a historic act of self-harm, the British electorate has chosen to leave the European Union. Brexit—as it is called—will do severe damage to the United Kingdom’s economy and its strategic interests. Brexit will also deal a heavy blow to the project of European integration. The EU will survive, but it will never be the same. Leaders of far-right parties across Europe cheered the referendum result, as did Donald Trump. Meanwhile, the United Kingdom’s allies shuddered, and financial markets in the country and across the world plummeted.<br />
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With negotiations beginning over the terms of the United Kingdom’s departure, much is uncertain. But one thing is clear already: the Leave campaign’s claim that the EU had robbed the United Kingdom of its sovereignty was false. If nothing else, the vote shows that the country was sovereign all along and that it was free to make disastrous decisions.<br />
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The piece continues <a href="https://www.foreignaffairs.com/articles/united-kingdom/2016-06-27/london-falling" target="_blank">here</a>.europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0tag:blogger.com,1999:blog-270316740041968300.post-26290039256902606072016-06-28T00:57:00.000-04:002016-06-28T08:40:31.552-04:00Herwig Hofmann on "First steps after the UK referendum on Brexit"<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiu0c7peVdDg3ICU1zmuO3Supvg0h-toJkGnGd1PCY0q8z65uxCn8U9m01n58lRQYATEEnigJ5Q4532jyx0zRVgzfqlubv5htL9k-Da-nFsgNznsWzHQCc0aw5ihzo_bCzmROV04wPehtM/s1600/Brexit.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="161" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiu0c7peVdDg3ICU1zmuO3Supvg0h-toJkGnGd1PCY0q8z65uxCn8U9m01n58lRQYATEEnigJ5Q4532jyx0zRVgzfqlubv5htL9k-Da-nFsgNznsWzHQCc0aw5ihzo_bCzmROV04wPehtM/s200/Brexit.jpg" width="200" /></a><i>With the continuing fallout from the UK's Brexit referendum last week, there has been a great deal of speculation about what happens next. In this timely contribution, network member <a href="http://wwwen.uni.lu/fdef/droit/equipe/herwig_hofmann" target="_blank">Herwig Hofmann</a> (Luxembourg) offers his own thoughtful take, with particular focus on the legal framework governing Article 50 TEU, its intersection with the UK constitution, and EU reforms to enhance democratic legitimacy.</i><br />
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The result of the question whether the UK should remain a member or leave the European Union, which was put before the UK electorate following a leadership crises in the British conservative party, is now known. Important parts of the UK voted to stay, notably Scotland, Northern Ireland and London. But on a rainy day, the slim majority of just over a million individuals or under two per cent of those eligible to vote however elected to opt for Brexit. This majority was largely made up by those above fifty, not the young. Over 50% of voters aged under fifty voted to stay.<br />
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Ever since, uncertainty about the proper way forward is part of the lives of the over five hundred million citizens of the EU and, of course, any politician or more generally, any decision-maker. The issues involved are so complex, and the consequences so difficult to assess not just with regard to their outcome for any citizen and any individual country or part of it, but for Europe as a whole and even globally, that a calm and collected response is necessary. <br />
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But in spite of all the uncertainty created, in assessing the situation, one fact is rather telling. Those who cheered the UK result were the likes of Nigel Farage, Marine Le Pen and Geert Wilders. Outside of Europe, this list also included Vladimir Putin and Donald Trump. None of the above is known to campaign on platforms interested in individual rights or for their commitment to open and tolerant societies. <br />
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Should then, in this complex situation, a fast break-up be pursued? Should the official way to doing so, the procedure established in Article 50 of the Treaty on European Union be set in motion with the result that UK membership in the EU would automatically end two years after notification? Tellingly, Article 50 of the Treaty reminds us that the decision to withdraw from the European Union should be made by any Member State in accordance with its own constitutional requirements. The reason is clear, the decision to leave the EU is a decision with fundamental constitutional implications for both the withdrawing country and the EU as a whole. </div>
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The UK’s constitution is uncodified and thus difficult to read. Yet some basic principles stand out: Amongst them is the notion of what is known as ‘parliamentary sovereignty’ which indicates that referendums are not part of the constitutional structure and are not binding in this system representative democracy in which parliamentary majorities need to be won. Moreover, the UK has become a quasi-federal structure. In those structures, fundamental constitutional decisions are generally not taken without the agreement of all constituent parts – in the case of the UK that includes England, Wales, Northern Ireland and Scotland. <br />
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Part of the unwritten UK constitution is also the notion of the UK being a democracy. It would be a travesty of democratic government if the interests of minorities and their fundamental rights (whether they are guaranteed by the UK legal order or under EU law) were not respected. Democracy is not only a question of head count but also of temporary limits of government, of a system of checks and balances including such requirements as repeat votes for constitutional amendments or super majorities. <br />
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So, in the cold light of day, there does not seem to be a parliamentary majority for leaving the EU, the referendum was a snap-shot poll advising the government about the majority feelings. A new election could maybe create such majority but that is far from clear. Why then rush to make Britain leave with the effect that all its citizens, including those in Scotland and Northern Ireland, become deprived of their rights and freedoms associated with EU citizenship?<br />
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Arguing in favour of a wait and see approach regarding the UK political turmoil, however, does not mean that we should sit on our hands in the EU and do nothing! Instead, we urgently need to make the EU more democratic and address the big questions relevant to the people living in Europe. Democracy thrives on the open debate of opposing ideas and the possibility to change course, trying one set of ideas and if they don’t work trying others. <br />
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Changes are simple, they require only a small tweak of the practice of using existing procedures. Since the European Parliament is directly elected and is a full co-legislator, it would appear high time to allow it to vote on its own legislative initiatives. People are fed up being told what to do. Being able to elect representatives who can enact the programmes into law for which they were elected is central to a thriving democracy. This single element would be a fundamental advancement also on a theoretical level because it allows for a self-learning system in which policy errors can be corrected. Ending the administrative bottle-neck within the Commission impairing democratic discourse can be introduced over-night. It does not require a Treaty amendment, it simply requires a self-commitment by the European Commission to respect majority votes in the European Parliament.<br />
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Allowing parliamentary majorities to present legislation and to vote on it as co-legislator with the Council would foster democratic self-government in the EU. It would allow the European Parliament to address by legislative initiative real issues on the mind of Europeans such as the fight against poverty and unemployment and ensuring common security for all Europeans. The vote in the UK could be a wonderful moment to seriously think about democracy in the EU and create the opportunity for dynamic development of legislation made by the citizens and for the citizens. <br />
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<br />europaeuslawhttp://www.blogger.com/profile/07318773971804357691noreply@blogger.com0