Bringing together scholars of migration and constitutional law, this volume analyses the problematic relationship between the rise of populism, restrictions of migrants' rights and democratic decay in Europe. By offering both constructive and critical accounts, it creates a nuanced debate on the possibilities for and limitations of legal resilience against populist erosion of migrants' rights. Crucially, it does not merely diagnose the causes of restrictions of migrants' rights, but also proposes how the law might be used as a solution. In this volume, the law is considered as both a source of resilience and part of the problem at three distinct levels: the legal-theoretical, the European, and the national level. It is a major contribution to the literature on migrants' rights, offering a nuanced account of how legal resilience might be used to safeguard migrants' rights against further erosion in populist times. This book is available as Open Access.
Power, Parliaments and People in Times of COVID-19
Author: Matthias C Kettemann
Publisher: Bloomsbury Publishing
This open access book explains why a democratic reckoning will start when European societies win the fight against COVID-19. Have democracies successfully mastered the challenges of the pandemic? How has the coronavirus impacted democratic principles, processes and values? At the heels of the worst public health crisis in living memory, this book shines an unforgiving light on the side-lining of parliaments, the ruling by governmental decrees and the disenfranchisement of the people in the name of fighting COVID-19. Pandemocracy in Europe situates the dramatic impact of COVID-19, and the fight against the virus, on Europe's democracies. Throughout its 17 contributions the book sets the theoretical stage and answers the democratic questions engaged by health emergencies. Seven national case studies – UK, Germany, Italy, Sweden, Hungary, Switzerland, and France – show, each time with a pronounced focus on a particular element of democracy, how different states reacted to the pandemic. The book also shifts the analytical gaze beyond the nation state towards international settings, looking at the effects on the European Union and considering the impact on populist movements. Bridging disciplines and uniting a stellar cast of scholars on democracy, rule of law and constitutionalism, the book provides contours and nuances to a year of debates in political science, international relations and law on the impact of the virus on democracies. In times of uncertainty, Pandemocracy in Europe provides analysis and answers to the democratic challenges of the coronavirus. The open access edition of this book is available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com.
The European Union's history exhibits numerous episodes in which Member States have sought to re-enforce their national autonomy in the face of deepening integration. Efforts to re-gain autonomy, however, are often accompanied by legitimate concerns that autonomy will lead to dis-integration or will have wider destructive consequences. The EU thus faces a dilemma. Calls for autonomy cannot all be dismissed as mere populist rhetoric or national egoism but instead represent a legitimate questioning of the degree of uniformity that EU law and politics presently carry. At the same time, the fear that greater autonomy may carry dis-integrative effects is also legitimate -uniformity is not an accidental by-product of the EU's construction but intrinsically related to its policy goals. Giving too much room for autonomy might create an opportunity structure for the loss of collective goods, deficits in problem-solving, and perhaps even to self-destruction. The EU requires autonomy, but in doing so, it must also avoid collapse. Can it achieve it, and if so, how? Autonomy without Collapse is devoted to exploring innovative answers to this question. It draws together scholars in law and political science interested in exploring how to overcome the central dilemma of preserving sustainable yet real autonomy in the future European Union.
At a time of rising populism and debate about immigration, leading legal academic Jo Shaw sets out to review interactions between constitutions and constructs of citizenship. This incisive appraisal is the first sustained treatment of the relationship between citizenship and constitutional law in a comparative and transnational perspective. Drawing on examples from around the world, it assesses how countries’ legal, political and cultural processes help to determine the boundaries of citizenship. For students and academics across political, social and international disciplines, Shaw offers an accessible response to some of the most pressing international questions of our age.
The law-based, political institutions in many democratic societies are being challenged by fast-growing populist movements, parties, and leaders. In other nations, the state is failing. These seismic changes call for greater attention to be paid to the role society plays in forming and challenging laws—and how the law copes with these challenges. Amitai Etzioni, one of the most respected thinkers in the US, argues for a new liberal communitarian approach as an effective response to populism. This recognizes that different members of the society have differing values, interests, and needs that cannot be fully reconciled to legislation in a populist age. The book considers the core challenge in a variety of contexts, including national security versus privacy, private sector responsibility, freedom of the press, campaign finance reform, regulatory law and the legal status of terrorists. Thus the book offers a timely discussion of key issues for contemporary society and the relationship of the law to the citizen in a fast-changing environment.
The year 2019 is of particular importance for the European Union. The election to the European Parliament (23-26 May) showed an increased interest of the public in the Member States in the future of the Union, as manifested by a high turnout (above 50%). That allows room for some optimism regarding the main challenge that European integration has faced in recent years: a growing rise of anti-European, nationalistic, xenophobic, populist movements. These have seen a relative weakening in the European Parliament, while the pro-integration groupings have won a comfortable majority, with Greens and Liberals getting stronger than ever at the cost of the previously domineering the Christian Democrats and the Socialists. The election was followed by the vitally important selection of candidates for top EU positions, with the new College of Commissioners certainly being the centre of attention. In her agenda for Europe, Ursula von der Leyen, designated President of the European Commission, presented the most important guidelines for the upcoming term of 2019-2024: 1) European Green Deal, 2) An economy that works for people, 3) A Europe fit for the digital age, 4) Protecting our European way of life (including the rule of law and the creation of migration policy), 5) A stronger Europe in the world, 6) A new push for European democracy. On the other hand, the year 2019 is also essential for Poland's position in the process of European integration. In the recent four years, the ruling party has not only relativised the importance of the European Union but, in some key issues, distanced itself from the EU projects, such as: common currency (Euro), climate policy, refugee crisis, or EU common defence policy. Most importantly, however, the internal developments in Poland have raised major concerns over the rule of law. That is why, the procedure under Article 7 of the TEU ("clear risk of a breach of the values referred to in Article 2 of the TEU") was triggered against Poland, for the first time ever in the history of the EU. A number of infringement cases have also been launched against Poland before the European Court of Justice; with two judgments confirming the breach of EU's rule of law. Consequently, Poland has lost much of its significance within the European Union. This has been accompanied by the return of prejudice regarding the big enlargement of the Union and the emergence of clearly protectionist tendencies, as manifested by the controversy over the status of posted workers, in particular highly mobile workers (drivers employed by transportation companies).