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EU Citizenship: Twenty Years On : Special Issue German Law Journal
- 2014
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Samlingsverk (redaktörskap) (refereegranskat)abstract
- The Maastricht Treaty (the “Treaty”) first introduced the status of EU citizenship. The twentieth anniversary of the signing of the Treaty, marked in 2013, was declared the European Year of the Citizen. Union citizenship has been understood as the world’s first post-national citizenship, although it is still complementary to national citizenships. EU citizens enjoy rights that have been expanded, modified, and reinterpreted in light of the EU integration process. The Court of Justice of the European Union (CJEU) has been a driving force in this process. This twentieth anniversary has provided the occasio for this special issue. Indeed, much has happened over the last two decades. The Maastricht Treaty entered into force on the heels of German reunification, and afterwards, a series of EU treaties followed: The Amsterdam Treaty, the Nice Charter of Fundamental Rights, the aborted constitutionalization process and the Rome Treaty in 2004, and the Treaty of Lisbon. The Euro took over former national currencies in 2002; the enlargement process led to today’s twenty-eight Member States. But the ratio of this special issue is based on other events as linked to the 2008 financial crisis, bailouts, the fiscal compact, and similar measures. In a nutshell, the timeliness of this volume is linked to the current financial disarray. Since prognosis presupposes diagnosis, no further words are necessary as to the importance of this task. It is (almost) self-evident that before taking action and preparing for the future, one needs to address the very first question: Nosce te ipsum...
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Justice of Others : Arbitrary Law-making in Contemporary Migration Policy (Etikk i praksis - Nordic Journal of Applied Ethics, Vol. 14, Issue 2)
- 2020
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Samlingsverk (redaktörskap) (refereegranskat)abstract
- The special issue covers both fronts by presenting a conceptual analysis of arbitrary law-making that sets out to typify its various meanings, along an empirical account of its actual functioning in legal and political practice. As arbitrariness becomes a pressing concern for lawyers, politicians and scholars attempting to grasp the discretionary powers of judicial and administrative authorities vis-a-vis legal subjects, its social impact as well as its political consequences must be taken into consideration in order to fully comprehend how central arbitrariness has become for a philosophical and a sociological account of law-making. Migration policy is precisely where arbitrariness vividly shows its face, and where its various forms unleash their most revealing implications. It is in this field that we must dig further if we want to know how this hitherto peripheral and surrogated dimension of legal decision-making stretches the leeway of legal officials to the very margin of legality, disclosing the social tension and the power struggle between their agency and the structures that condition and enable it.
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Public Domain And Democracy in the Digital Age
- 2016
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Samlingsverk (redaktörskap) (refereegranskat)abstract
- To say that a piece of information or a creative work is ‘in the public domain’ implies freedom of access and use. By ensuring the right to information, the public domain is a crucial component of democratic politics – but how this occurs is unclear. What information can be used, by whom and under which circumstances? What information should be used? Our entering the digital age brings these questions to a head: Internet is blurring the distinction between public and private and governments are increasingly being demanded to digitalize and open official archives and develop new business areas such as Public Sector Information (PSI). The papers in this special issue will investigate the largely underexplored connections between information, public domain, democracy and digital technologies from empirical, conceptual and normative perspectives with the goal to renew the debate on the design, governance and justification of the public domain in the digital age.
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