This book examines the concept of political legitimacy within the European Union through the principles of legal rationality, focusing in particular on the European Union's policy towards third country nationals. For Community legal doctrine to be rational it must display the requirements of formal, instrumental and substantive rationality, each mutually exclusive and essential. Analysis of free movement rights for third country nationals is provided in three discrete doctrinal areas before a critical evaluation of them is conducted through the lens of legal rationality and set within the possible justification matrix of factors that make up policy formation. It is concluded that European Union Law towards third country nationals is defective, lacks legitimacy and suggestions are made to correct the problems identified.
The Legitimacy of The European Union through Legal Rationality
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This book examines the concept of political legitimacy within the European Union through the principles of legal rationality, focusing in particular on the European Union's policy towards third country nationals. For Community legal doctrine to be rational it must display the requirements of formal, instrumental and substantive rationality, each mutually exclusive and essential. Analysis of free movement rights for third country nationals is provided in three discrete doctrinal areas before a critical evaluation of them is conducted through the lens of legal rationality and set within the possible justification matrix of factors that make up policy formation. It is concluded that European Union Law towards third country nationals is defective, lacks legitimacy and suggestions are made to correct the problems identified.
Since the Maastricht ratification debate of the early 1990s, the legitimacy of the European Union has become a subject of controversy. With unprecedented force, Europeans have begun to question the...
The European Union's growing accountability deficit threatens to undermine its legitimacy. This was acknowledged by the Member States in Nice in February 2001. Recognising the need to improve 'the...
How severe a problem is what many call the 'democratic deficit' of the European Union? Despite a voluminous theoretical literature dealing with this question, there is hardly any systematic empirical...
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