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Just as the national legal framework of each Member State of the EU should allow the possibility that a child’s same sex parents be recognized as such, the obligation, if any, to teach a curriculum exclusively in the official language of the state at issue should disappear given that multilingualism is a fundamental value of the EU pursuant to Article 3(3), fourth indent, TEU. Neither respect for Member States’ national identities pursuant to Article 4(2) TEU nor the principle of proportionality alter that conclusion. The author believes that respect for the national identities of the Member States of the EU should in no way whatsoever limit the primacy (supremacy) of EU law, contrary to the stance of certain legal scholars. The case-law of the Court of Justice of the EU is slightly ambiguous in that respect. The same goes for that of the European Court of Human Rights, which accepts in certain circumstances protection of constitutional identity as a legitimate aim for differential treatment.

The relations between the EU institutions established by the Treaty of Lisbon, as well as the relations between EU competences and the constitutional sovereignty of the member states, call for constant examination. Through the inductive method of constitutional law, we arrive at the assessment of the European Union as a special composite two-level power. Thus, we use model induction of “form of state”, “form of government” and analysis of types of lawsuits before the Court of Justice of the EU. The internal organization of the EU established in the treaties, as well as the actual decision-making, are dominated by EU bodies of an executive nature. Their executive activity then deepened in several crisis situations, such as the permanent threat of terrorism, the ongoing immigration onslaught on EU territory, the recent COVID epidemic, and the current ongoing aggression of the Russian Federation against Ukraine. The methodology of constitutional law thus reaches the conclusion about the necessity of the positive development of the EU system by improving both horizontal control relations within the EU institutional framework itself, as well as control measures of a procedural nature, especially in relation to derived EU law and possibly also against other interventions (steps) by EU bodies.

Our principal aim is to assess the role of governance companies’ active internationalisation. We first measured and compared the degree of institutional quality among the 28 European Union Member States (EU–28) between 2004 and 2021 using the authorship synthetic index of governance quality (SIGQ) values. In the second step, we assessed outward foreign direct investment (OFDI) projects measured by their relative value to the GDP per capita in each member state. Finally, we correlated the overall quality of governance (GQ) and its six dimensions with OFDI in the EU–28 (including the UK). We employed numerous statistical tools, i.e., hierarchical cluster analysis, contingency analysis, synthetic index values, and descriptive statistics. We used the Worldwide Governance Index (WGI) to assess the GQ in the EU–28 for 2004–2021. The statistical analysis results revealed a positive relationship between the quality of governance and the OFDI. The most important of the partial variables was the rule of law, which reflects perceptions of the degree to which individuals and actors trust and adhere to social rules. Our research demonstrates that policymakers should consider the importance of institutional quality indicators in supporting domestic companies “to go abroad”. The primary input delivered by the study to the current body of knowledge about OFDI involves identifying the relationship between GQ in all the EU–28 (“old” and “new”) using the SIGQ index.

The politics of legitimacy is central to international relations. When states perceive an international organization as legitimate, they defer to it, associate themselves with it, and invoke its symbols. Examining the United Nations Security Council, Ian Hurd demonstrates how legitimacy is created, used, and contested in international relations. The Council's authority depends on its legitimacy, and therefore its legitimation and delegitimation are of the highest importance to states. Through an examination of the politics of the Security Council, including the Iraq invasion and the negotiating history of the United Nations Charter, Hurd shows that when states use the Council's legitimacy for their own purposes, they reaffirm its stature and find themselves contributing to its authority. Case studies of the Libyan sanctions, peacekeeping efforts, and the symbolic politics of the Council demonstrate how the legitimacy of the Council shapes world politics and how legitimated authority can be transferred from states to international organizations. With authority shared between states and other institutions, the interstate system is not a realm of anarchy. Sovereignty is distributed among institutions that have power because they are perceived as legitimate. This book's innovative approach to international organizations and international relations theory lends new insight into interactions between sovereign states and the United Nations, and between legitimacy and the exercise of power in international relations.

The color of clothing, the width of shoe laces, a pierced ear, certain brands of sneakers, the braiding of hair and many other features have long been seen as indicators of gang involvement. But it's not just what is worn, it's how: a hat tilted to the left or right, creases in pants, an ironed shirt not tucked in, baggy pants. For those who live in inner cities with a heavy gang presence, such highly stylized rules are not simply about fashion, but markers of \"who you claim,\" that is, who one affiliates with, and how one wishes to be seen. In this carefully researched ethnographic account, Robert Garot provides rich descriptions and compelling stories to demonstrate that gang identity is a carefully coordinated performance with many nuanced rules of style and presentation, and that gangs, like any other group or institution, must be constantly performed into being. Garot spent four years in and around one inner city alternative school in Southern California, conducting interviews and hanging out with students, teachers, and administrators. He shows that these young people are not simply scary thugs who always have been and always will be violent criminals, but that they constantly modulate ways of talking, walking, dressing, writing graffiti, wearing make-up, and hiding or revealing tattoos as ways to play with markers of identity. They obscure, reveal, and provide contradictory signals on a continuum, moving into, through, and out of gang affiliations as they mature, drop out, or graduate. Who You Claim provides a rare look into young people's understandings of the meanings and contexts in which the magic of such identity work is made manifest.

The Western Balkans have seen rapid changes since the end of the violent conflicts in the 1990s. The European Union (EU) has been one of the main drivers for change, focusing on the political, economic and social transformation of the region to prepare the countries for membership in the Union. This introduction to the special issue will clarify the key terms and their interaction in the Western Balkans. EU enlargement has never before been this complex and inter-connected with processes of state-building and democratization. The focus on conditionality as the main tool of the EU in the region has had positive and negative effects. It can be argued that the EU is actively involved in state-building processes and therefore the term EU Member State Building will be used to explain the engagement of the Union with the countries in the region. This paper will discuss the concept of EU Member State Building, its potential and its pitfalls. It will be demonstrated that the stabilization of the region is unlikely to take place without an active role for the EU; however, the current approach has reached its limits and it is time to think about alternative options to integrate the Western Balkans into European structures.

This paper analyzes the emigration flows from Croatia and other new EU member states to the core EU countries after their EU accession. In order to assess the magnitude and dynamics of the recent emigration wave properly, we construct the series of indirect emigration flows, resorting to the national statistical offices of the selected core EU destination countries. We compare the Croatian experience with that of other NMS and show that the intensity of Croatia 's emigration flows after EU accession is proportional to that of the Romanian and Bulgarian cases. Finally, we empirically analyze the economic and non-economic drivers of emigration from NMS to the core EU in the 2000-2016period. Results show that both economic (measured by different GDP and labour market indicators) and non-economic factors (capturing the EU accession, the level of corruption in the economy and demographic characteristics of the origin country population) are relevant for emigration decisions.

(Series Information) European Papers - A Journal on Law and Integration, 2018 3(1), 419-432 | European Forum Insight of 25 February 2018 | (Table of Contents) I. Introduction. - II. Interprétation de Dublin et autres textes: détermination d'une méthode judicieuse d'interprétation? - III. Interprétation de Dublin et contexte factuel: comment prendre en compte la \"crise des réfugiés\"? | (Abstract) The Jafari case ruled in July 2017 (Court of Justice, judgment of 26 July 2017, case C-646/16, Jafari [GC]) gives the CJEU the opportunity to come back on the summer 2015 migration crisis. The difficult articulation between Dublin III Regulation and other relevant legal instruments in such a particular context emphasises the failures of the Common European Asylum System.

In principle, the 2007 African Charter on Democracy, Elections and Governance (ACDEG) could be a powerful instrument to bring the African Governance Architecture to life and to help ensure that its universal values, including respect for human rights and the rule of law, are implemented across all African Union member states. Yet how serious in reality are the latter on this question? Ratification of the African Charter has taken five years and, as of late 2019, the implementation of its compliance mechanism is still pending. This article asks how these empirical puzzles can be best addressed. In the absence of robust data on member states’ preferences and with a view to developing hypotheses for further research, this article inductively interrogates how data on the various regimes’ political liberties may or may not relate to the ratification of the African Charter and the implementation of the ACDEG compliance mechanism. Im Prinzip könnte die African Charter on Democracy, Elections and Governance (ACDEG) von 2007 ein schlagkräftiges Instrument für die Umsetzung der African Governance Architecture sein und helfen, in den Mitgliedstaaten der Afrikanischen Union universelle Menschenrechte durchzusetzen. Doch wie ernst nehmen diese Staaten ihre Verpflichtungen? Die Ratifizierung der African Charter hat fünf Jahre gebraucht und Ende des Jahres 2019 steht die Umsetzung des Berichtsmechanismus noch immer aus. Wie kann dieser empirische Befund erklärt werden? Mangels belastbarer Daten zu den politischen Präferenzen von Mitgliedstaaten und in der Absicht, Hypothesen für die weitere Forschung zu generieren, wird in diesem Artikel untersucht, wie sich der Grad der politischen Freiheit in AU-Mitgliedstaaten zur Ratifizierung der African Charter und der Umsetzung ihres Berichtsmechanismus verhält.

This Article provides an analysis of how the UK's withdrawal from the European Union is going to impact on EU criminal procedural laws. From the EU's perspective, the loss of a \"critical\" partner may lead to more harmonised cooperation between the remaining Member States and thus less intergovernmental features in this area in the long term. More crucially however, the future relationship between the EU and the UK poses certain difficulties as the procedural arrangements to be put in place cannot simply replicate the pre-Brexit status of the UK's membership. According to the Draft Agreement on the New Partnership with the UK, mechanisms such as the European Arrest Warrant are to be replaced by new \"streamlined\" procedures and other \"simplified\" arrangements for the exchange of information and cooperation. This raises questions as regards the possibility for monitoring the UK's compliance as well as the enforceability of any procedural guarantees given. In addition, the inherent danger of the UK's departure comes in the shape of a discontinuity of upholding similar values as those applied by the EU (e.g., fundamental rights) and thus a further drifting apart of both sides. Essentially, it is argued in this contribution that this constitutes the opposite of the relationship with other third countries, which is usually characterised with progressive alignment, and should therefore be approached with great caution from an EU perspective for the conclusion of the negotiations on the future relationship.