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Edited by Jan van der Harst, Gerhard Hoogers and Gerrit Voerman

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Edited by Sandra Seubert, Marcel Hoogenboom, Trudie Knijn, Sybe de Vries and Frans van Waarden

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Edited by Sandra Seubert, Marcel Hoogenboom, Trudie Knijn, Sybe de Vries and Frans van Waarden

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Frans van Waarden and Sandra Seubert

People living in Europe belong to different concentric or overlapping territorially defined communities: neighbourhoods, cities, nation-states and the European Union, and not to forget the world population. They can also belong to various other groups or categories: (extended) families, friends, colleagues, genders, age groups, ethnic groups, the employed or the unemployed, students or pensioners, the healthy, the sick or the disabled, as well as language or religious communities. These communities and categories define multiple identities, which engender rights, duties and responsibilities. Over time some of these have come to be defined in law. Membership of territorially defined communities is referred to as citizenship. This term – as well as related ones in other European languages (citoyennete, burgerschap, Burgerschaft, ciudadania, cittadinanza, cidadania, cetatenie, medborgarskap) – stems from the term ‘city’, ‘burg’, ‘fortress’, that is, a walled and protected territory. Inhabitants of this walled territory had freedom (‘Stadtluft macht frei’), which furthered independence and individualism. However, not everybody within the city walls was a ‘citizen’. Alongside the territorial definition, citizenship has always had a social construction of membership, which included and excluded some groups. For example, the beggar within the city walls was not part of the citizens. For those who were included, the right to freedom and independence was always combined with duties and responsibilities. Walls provided protection, but had to be built, maintained and defended. Duties such as serving in civic militias, guarding walls and dykes, providing labour and paying taxes were required in order to guarantee the continued protection of these rights. Such rights and duties stabilised mutual expectations between people and developed into customs. Eventually they became enacted into law, in order to increase transparency and predictability and ensure equality.

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Chiara Amalfitano

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Theocharis Grigoriadis

There are strong linkages between religion, bureaucratic organization, citizen preferences, and political regimes. The views of Lipset and Rokkan, Marx, Lukacs, Marcuse, Adorno, Weber, and Durkheim are discussed. The choice of these thinkers relates to the three grand themes that are discussed in the book: (1) The linkage between religion and political regimes in terms of social welfare expectations by the electorate, surveillance incentives, and collectivist distribution by bureaucrats; (2) The religious traditions that shape the administrative structures of local or regional communities; and (3) The different levels of policy discretion, administrative monitoring, and centralization that correspond to different sets of religious norms adopted by citizens and bureaucrats. The critique of conventional social theory treats religion in its key dimensions: as state structure, party cleavage, and social welfare.

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Chiara Amalfitano

Chapter 1 examines the current system of fundamental rights protection in the European Union in light of Article 6 TEU, as reformed by the Lisbon Treaty. It analyses the Charter of Fundamental Rights and the general principles of EU law concerning fundamental rights, as well as the legal basis for the Union’s accession to the European Convention on Human Rights (ECHR). In particular, it investigates the assessment methods and elaboration techniques used by the European Court of Justice (ECJ) to affirm the existence of general principles on the protection of fundamental rights and tackles the legal and political impasse following Opinion 2/13. Based on the premise that accession is not indispensable, it examines a few alternatives to accession capable of improving the dialogue between the ECJ and the European Court on Human Rights (ECtHR), thus securing that, even if accession does not occur, the EU and ECHR systems will continue to coexist virtuously. Keywords: Article 6 TEU; Fundamental Rights Protection in the EU; General Principles on the Protection of Fundamental Rights; Charter of Fundamental Rights of the European Union; European Convention on Human Rights

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Edited by Sandra Seubert, Oliver Eberl and Frans van Waarden

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Ludger Pries