Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Browse subjects
  3. Politics and International Relations
  4. European government, politics and policy
  5. Content listing

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

6020 results in European government, politics and policy

Page 88 of 301

  • 2 - Expanding the Rights to Stay?

  • from Part I
  • Moritz Baumgärtel, Universiteit Utrecht, The Netherlands
  • Book:
    Demanding Rights
    Published online:
    03 May 2019
    Print publication:
    09 May 2019, pp 13-45

  • Summary

    This chapter analyzes whether the European courts have been able to ensure the protection of vulnerable migrants who struggle to legitimate their claim to residency, a crucial precondition for accessing a whole range of other rights. The focus is on four high-profile rulings by the CJEU. The first case, Elgafaji, dealing with claims of persons originating from countries characterised by high degrees of generalised violence, reveals how the Court’s approach, if not fully committal, can lead to confusing and therefore suboptimal outcomes from the perspective of migrant rights. The protection from persecution on the grounds of sexual orientation is the subject of two closely interrelated rulings in X, Y & Z and A, B & C. Taken together, these provide some indication of how the decisions of the European courts can have a practical impact: namely, in buttressing and even accelerating progress in contexts where practices are already changing. The last part deals with a somewhat different claim based on family ties, focusing on the contentious Zambrano case. Here, the CJEU used subsequent rulings to actively backpedal when it presumably went too far for EU Member States.

  • 5 - From Dilemmatic to Strategic Adjudication

  • from Part II
  • Moritz Baumgärtel, Universiteit Utrecht, The Netherlands
  • Book:
    Demanding Rights
    Published online:
    03 May 2019
    Print publication:
    09 May 2019, pp 101-120

  • Summary

    This chapter recounts how adjudication by the European courts displays incoherence, doubt, and ambiguity as they become permanently involved in migration affairs. This, in turn, gives domestic courts and governments the opportunity to adopt their own and often narrower interpretations of the case law, with potentially adverse consequences for the reputation and authority of the European courts in the longer term. Referring to this phenomenon as ‘dilemmatic adjudication’, this chapter proposes an alternative and strategic approach to adjudication that actively anticipates ‘hard cases’ and establishes common guidelines for dealing with the issue across courts and chambers. It further outlines how the concept of ‘vulnerability’ of particular groups, already regularly invoked by the ECtHR, could be built up as a legal principle that enables the courts to develop a progressive and consistent case law. The chapter finally addresses the question of reputational legitimacy of the two courts, arguing that it could be reinforced in this domain: for example, by elevating the status and visibility of post-judgment monitoring mechanisms.

Ideological Representation: Achieved and Astray
  • Elections, Institutions, and the Breakdown of Ideological Congruence in Parliamentary Democracies
  • G. Bingham Powell, Jr
  • Published online:
    06 May 2019
    Print publication:
    09 May 2019
  • Ideological congruence is the term generally used in comparative politics for the representative relationship between the general preferences of citizens and the perceived and stated position of government. This study provides a systematic comparative assessment of success and failure in achieving ideological congruence in nineteen developed parliamentary democracies from 1996 through to 2017. It then deconstructs the processes through which elections can connect citizens and governments into the three major stages: citizens' votes in parliamentary elections; the conversion of those votes into legislative representation; the election of prime ministers by their parliaments and the appointment of cabinet ministers. Analyzing these three stages shows that average distance from the median citizen increases at each stage, with only a few remarkable recoveries once congruence begins to go astray.

The Internal Market and the Future of European Integration
  • Essays in Honour of Laurence W. Gormley
  • Edited by Fabian Amtenbrink, Gareth Davies, Dimitry Kochenov, Justin Lindeboom
  • Published online:
    04 May 2019
    Print publication:
    18 April 2019
  • This collection marks the rich legacy of Professor Laurence W. Gormley's scholarship in the field of EU internal market law, providing a definitive critical appraisal of all the key aspects of the internal market, with an emphasis on goods and judicial protection; Professor Gormley's expert fields. Forty chapters deal with constitutional aspects of the EU internal market, the free movement of goods, persons and services, EMU, public procurement and competition law, institutional and procedural dimensions, and the EU's external relations, which includes matters relating to Brexit. The broad theme of the book, reflecting the many interests of Professor Gormley, will appeal to scholars, students and practicing lawyers. Dealing with both classic, foundational aspects of the EU internal market as well as highly topical matters, such as Brexit, this book will be a most welcome addition to every engaged legal scholar's library, thereby celebrating the legacy of a mentor and dear friend.

Demanding Rights
  • Europe's Supranational Courts and the Dilemma of Migrant Vulnerability
  • Moritz Baumgärtel
  • Published online:
    03 May 2019
    Print publication:
    09 May 2019
  • While nominally protected across Europe, the human rights of vulnerable migrants often fail to deliver their promised benefits in practice. This socio-legal study explores both the concrete expressions and possible causes of this persistent deficit. For this purpose, it presents an innovative multifaceted evaluation of selected judgments of the European Court of Human Rights and the Court of Justice of the EU pertaining to such complex questions as the protection of persons fleeing from indiscriminate violence, homosexual asylum seekers, the Dublin Regulation, and the externalisation of border control. Highlighting the demanding character of migrant rights, the book also discusses some steps that could be taken to improve the effectiveness of Europe's supranational human rights system including changes in judicial and litigation practice as well as a reconceptualization of human rights as existential commitments.

Page 88 of 301