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Merijn Chamon

From an EU perspective, the CRPD is a so-called mixed agreement. This means that it is an international agreement that is concluded both by the EU and its individual Member States. This raises important legal questions, since it implies that for part of the agreement, the EU exercises its competences whereas, for the other part(s), the Member States have retained and exercised competences. The mixed nature of an agreement has several repercussions in relation to the negotiation and ratification of the agreement, as well as for the question of the international responsibility of the EU and the Member States. In addition, the ‘mixity’ raises the question as to which specific EU obligations are incumbent on the Member States in relation to the agreement. The present chapter discusses these issues by focusing specifically on the CRPD as a mixed multilateral agreement.

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Edited by Delia Ferri and Andrea Broderick

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Edited by Delia Ferri and Andrea Broderick

This Research Handbook comes at an opportune time, and provides a comprehensive and wide-ranging exploration of relevant developments concerning disability rights at EU level. It also looks beyond the EU, focusing on how disability has been relevant in EU external relations. In addition, the Research Handbook considers the interface between EU disability law and Council of Europe law.
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Citizenship in the European Union

Constitutionalism, Rights and Norms

Anne Wesemann

The book proposes a new approach to constitutional analysis of the EU and its legal framework, arguing that the existence of constitutional rights norms within EU law enables this particular legal order to respond effectively to societal and political challenges within the rigidity of constitutionalism. Providing new perspectives on constitutionalism in the EU, this book considers the way the Court of Justice of the European Union (CJEU) discusses and applies the EU citizenship Treaty norms by analysing the courts approach to decision making, which resembles the balancing and weighing of conflicting principles.
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Anne Wesemann

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Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis

Legality, Rule of Law and Fundamental Rights Reconsidered

Edited by Sergio Carrera, Juan Santos Vara and Tineke Strik

This discerning book examines the external dimension EU migration and asylum polices in times of crisis. It thoroughly assesses patterns of co-operation in EU migration management with a focus on co-operation with the global south. A key resource for academics and students focussing on EU Law and migration more specifically, this book will also appeal to policy-makers, legal practitioners and international organisation representatives alike.
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Sergio Carrera, Juan Santos Vara and Tineke Strik

In this introduction to the book, the editors explain the relevance of analysing the constitutional aspects of the external dimension of EU migration and asylum policies. They argue that the labelling of the large arrival of refugees in 2015 as a crisis has severely affected the principles of the rule of law and the interinstitutional balance, which were just established with the Lisbon Treaty in 2009. The authors substantiate that the contributions in the book move beyond the state of the art in the literature by connecting the internal and external dimensions of EU migration and asylum policy and by analysing old and new patterns of external cooperation on migration. Through that lens, they identify a tendency of informalisation of the external cooperation, leading to ‘de-constitutionalisation’ of the EU decision-making in this field. This process raises questions on the EU’s legitimacy of the external cooperation on migration, which are dealt with in the book. The third part of the introductory chapter summarises the contributions in the book.

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Behind the Veil

A Critical Analysis of European Veiling Laws

Neville Cox

Since the early 2010s, an increasing number of European countries have passed laws that prohibit the wearing of various kinds of Islamic veil in particular circumstances. This insightful book considers the arguments used to justify such laws and analyses the legitimacy of these arguments both generally and in regards to whether such laws can be seen as justified interferences with the rights of women who wish to wear such garments.
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Edited by Israel Doron and Nena Georgantzi

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Ageing, Ageism and the Law

European Perspectives on the Rights of Older Persons

Edited by Israel Doron and Nena Georgantzi

Europe is ageing. However, in many European countries, and in almost all fields of life, older persons experience discrimination, social exclusion, and negative stereotypes that portray them as different or a burden to society. This pivotal book is the first of its kind, providing a rich and diverse analysis of the inter-relationships between ageing, ageism and law within Europe.