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This book provides a framework for comparing EU citizenship and US citizenship as standards of equality. If we wish to understand the legal development of the citizenship of the European Union and its relationship to the nationalities of the member states, it is helpful to examine the history of United States citizenship and, in particular, to elaborate a theory of ‘duplex’ citizenships found in federal orders. In such a citizenship, each person’s citizenship is necessarily ‘layered’ with the citizenship or nationality of a (member) state. The question this book answers is: how does federal citizenship, as a claim to equality, affect the relationship between the (member) state and its national or citizen? Because the book places equality, not allegiance to a sovereign at the center of its analysis of citizenship, it manages to escape traditional analyses of the EU that measure it by the standard of a sovereign state. The text presents a coherent account of the development of EU citizenship and EU civil rights for those who wish to understand their continuing development in the case law of the Court of Justice of the European Union. Scholars and legal practitioners of EU law will find novel insights in this book into how EU citizenship works, in order to be able to grasp the direction in which it will continue to develop. And it may be of great interest to American scholars of law and political science who wish to understand one aspect of how the EU works as a constitutional order, not merely as an order of international law, by comparison to their own history. Jeremy Bierbach is an attorney at Franssen Advocaten in Amsterdam. He holds a Ph.D. in European constitutional law from the University of Amsterdam, the Netherlands.

Migration. Refugees --- European law --- International law --- Public law. Constitutional law --- migratie (mensen) --- Europees recht --- internationaal recht --- publiek recht --- grondrechten --- staatsrecht --- grondwet --- Europe --- Public international law. --- Law—Europe. --- Constitutional law. --- Emigration and immigration. --- Public International Law . --- European Law. --- Constitutional Law. --- Migration.

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The past two decades have seen a radical change in the online landscape with the emergence of GAFAM (Google, Amazon, Facebook, Apple and Microsoft). Facebook, specifically, has acquired a unique monopoly position among social media, and is part of the digital lives of billions of users. A mutual influence between Facebook and the legal framework has gradually emerged, as EU legislators and judges are on the one hand forced to accept the reality of new, widespread behaviors and practices and on the other have constructed a legal framework that imposes limits and rules on the use of the social network. This book offers a unique perspective on this relationship, exploring the various activities and services proposed by Facebook and discussing the attendant legal issues. Accordingly, questions concerning the GDPR, its principles, rights and obligations are in the center of the discussions. However, the book does not limit its scope to data protection: Facebook has also greatly contributed to a liberalization and democratization of speech. In accordance, the classic principles of media law must be revisited, adapted or suitably enforced on the platform. Intellectual property law governs what is owned and by whom, no matter whether raw data or informational goods are concerned. Frameworks on hate speech and fake news are the result of coregulation principles of governance, whereas defamation jurisprudence continues to evolve, considering the consequences of merely “liking” certain content. The economic model of advertising is also governed by strict rules. Above all, Facebook is currently caught in a dilemma of substantial interest for society as a whole: is it a neutral online intermediary, i.e., merely a passive player on the Internet, or is it transforming against its will into an editorial service? In conclusion, the book has a dual purpose. First, it proposes a global and practical approach to the EU legal framework on Facebook. Second, it explores the current limits and the ongoing transformation of EU Internet law as it steadily adapts to life in the new digital world.

European law --- Industrial and intellectual property --- Mass communications --- sociale media --- intellectueel eigendomsrecht --- Europees recht --- Europe --- Information technology --- Mass media --- Law --- Social media. --- IT Law, Media Law, Intellectual Property. --- European Law. --- Social Media. --- Law and legislation. --- Europe.

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Deze studie tracht de bewegingen en de krachtlijnen te verduidelijken die gezinshereniging vorm geven in zowel het Europese als het Belgische recht. Het eerste deel van deze publicatie gaat in op het juridische kader op Europees niveau, waar de materie heen en weer wordt geslingerd tussen de zorg van de lidstaten voor een betere regeling van gezinshereniging en een beschermende rechtspraak. Het tweede deel spitst zich toe op het juridisch kader in het Belgisch recht, dat wordt gekenmerkt door de complexiteit van de bepalingen van de wet van 15 december 1980 in verband met gezinshereniging, door de vele wijzigingen die daarin zijn aangebracht.

Migration. Refugees --- European law --- International private law --- Administrative law --- migratie (mensen) --- Europees recht --- vreemdelingenrecht --- familierecht --- internationaal privaatrecht --- Belgium --- Europe

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This book offers an in-depth analysis of the relationship between EU citizenship, the European arrest warrant (EAW), and the legality principle. It focuses on the role of the EAW in relation to two foreseeability problems with which EU citizens – especially those who exercise free movement rights – could be confronted. These problems concern the foreseeability of specific national criminal laws at the time of the offense on the one hand and forum decisions on the other. The first part of the book addresses the extent to which these foreseeability problems and the role of the EAW therein are viewed as legality problems at the EU level and in three national legal orders (the Netherlands, Germany, and England and Wales). In turn, the second part of the book critically examines the current scope and content of the legality principle in light of the EU’s objective to offer its citizens an Area of Freedom, Security and Justice (AFSJ) in which both safety and free movement are guaranteed. As EU citizens often encounter foreseeability problems when exercising their free movement rights, it is argued that they should be protected by a transnational framework of fundamental rights. The book subsequently makes recommendations for a transnational interpretation of the legality principle, one which fits the normative context of the AFSJ as described in Article 3(2) TEU. On the basis of the evolution of EU citizenship over time, the book also develops two EU citizenship narratives and explains how they could contribute to transnational fundamental rights protection and a solution to foreseeability problems. With regard to arriving at concrete solutions, the book offers recommendations for EU legislation that could adequately remedy foreseeability problems and the role of the EAW therein.

Politics --- Comparative law --- European law --- International private law --- International law --- Human rights --- mensenrechten --- rechtsvergelijking --- Europees recht --- internationaal recht --- Europese politiek --- internationaal privaatrecht --- Europe --- Law --- Civil rights. --- European communities. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Human rights. --- European Law. --- European Fundamental Rights and Freedoms. --- Private International Law, International and Foreign Law, Comparative Law. --- Human Rights. --- European Politics. --- Europe. --- Politics and government.

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This book is dedicated to a topic which has for a long time lacked the attention it deserves within the academic world. It intends to address in a coherent and comprehensive manner the problem of the environmental rights of the child, which are not identical to the ones of adults whose environmental rights have been appraised from a general point of view. In the absence of any international law instrument explicitly granting a child the right to a clean environment, drawing on an extensive and original analysis of the UN Convention on the Rights of the Child and the practice of its monitoring body, this book undertakes an assessment of the extent to which these challenges may be overcome through a greater engagement between international law on the rights of the child and international environmental law. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of children’s environmental human rights at stake in the increased strategic environmental and climate litigations at both the national and international level. The book is recommended reading for, amongst others, policy makers, international environmental lawyers and human rights lawyers and practitioners. Additionally, lecturers, students and researchers from a range of disciplines will also gain from seeing how new legal scholarship and intertwined branches of international law contribute to the continual development of the living rights of the human rights conventions. Francesca Ippolito is Associate Professor of International Law in the Department of Political and Social Science of the University of Cagliari, Italy. She holds the Jean Monnet Chair on European Climate of Change - REACT for 2021-2024. .

European law --- International law --- Human rights --- Public law. Constitutional law --- Environmental law --- Meteorology. Climatology --- mensenrechten --- Europees recht --- klimatologie --- internationaal recht --- publiek recht --- Europe --- Human rights. --- Environmental law, International. --- International law. --- Law --- Climatology. --- Human Rights. --- International Environmental Law. --- Public International Law. --- European Law. --- Climate Sciences. --- Europe.