In the Court of Justice of the European Union, Subsidiarity and Proportionality Kate Shaw sets out how a subsidiarity and proportionality review applied to competences could be anchored by the Court of Justice when balancing the competing interests in cases concerning the residency rights of EU citizens. The book also considers the extent to which a court which is dedicated to enhancing the European project is really able to be an independent arbiter between the EU and the Member States in this context. Both the legal reasoning of the Court and the controversial nature of residency rights of EU citizens are legally and politically very topical at the moment and of interest to legal academics and law students.

In this book, Katarzyna Granat analyses and evaluates Europe's experience with the Early Warning System (EWS) which allows national parliaments to review draft legislative acts of the European Union for their compatibility with the subsidiarity principle. The EWS was introduced in response to the perceived 'democratic deficit' of the EU and its 'creeping' competences, and represented one of the landmark reforms of the Lisbon Treaty. The purpose of this book is to present and critically analyse the functioning of the new mechanism of subsidiarity review and the role that national parliaments have played within this system. Compared to the existing leading publications on the Europeanisation of national parliaments and contributions on the EU principle of subsidiarity, this book offers – for the first time – a profound legal analysis of the procedure enriched by a comprehensive empirical analysis of the activities of national parliaments. It is directed at scholars of EU law and policy, European and national officials, and legal practitioners working in and with the national legislatures.

This title was first published in 2000: This text deals with two intertwined dimensions of multicultural citizenship of the European Union. It studies the theoretical debate over how best to reconcile multiculturalism, citizenship and the need for collective identity at the European Union (EU) level by comparing EU citizenship with cultural citizenship and multicultural studies in the United States. In addition to this, through the study of EU documents, the author contends that there exists such a thing as policies of multicultural citizenship at the European Union level. He then goes on to analyze their key aspects, such as the pursuit of symbolic forms of multiculturalism and the arguments to support affirmative action policies for women. The text also examines the steps taken by certain EU institutions towards creating European identity and improving awareness of citizenship and cultural heritage, while meeting the test of subsidiarity. The author concludes that there are competing discourses in EU institutions concerning the best model for EU citizenship. Among other concepts, they construe multiculturalism and transnationalism as contested and sometimes opposing interpretations of citizenship. The text goes on to reveal a lack of substantive connection between EU citizenship and identity in the European Union, as well as the artificiality of EU attempts to build it anew. It concludes that a plurality of cultural constructions of EU citizenship, within the wider framework of liberal culturalism, may be a viable model of EU citizenship.

European citizenship, identity and immigration are constitutive issues facing the European polity and have important consequences for domestic political systems. There has been a great deal published about citizenship within the setting of the nation-state and comparative immigration policies, but relatively little has been written on their theorisation in a post-national, post-statist context, such as the EU, and on alternative European institutional designs. Now available in paperback, this volume blends normative political theory with European integration, and develops an original theoretical framework for European Union citizenship, identity and immigration as well as a set of policy proposals for institutional reform. Challenging the conventionally held views in these areas, the author argues that a constructive model of European citizenship and identity is vital to the construction of a democratic, heterogeneous and inclusive European polity. The book will appeal to academics and political actors concerned with issues of European governance as well as to undergraduate and postgraduate students of European politics, European integration, European Union Law, political theory and sociology.

The contributors to this book examine the issues of constitutional choice that face the governments and citizens of today's Europe. Divided into three sections this study addresses: questions of political legitimacy and the meaning of democratic deficit in the EU; the reality of what institutional reforms and decision making processes are possible; and the rights of citizenship and values that should be protected.

The European Union principle of subsidiarity was introduced by the Maastricht Treaty and was the subject of a protocol in the Amsterdam Treaty. It was intended as a last-resort protection mechanism for member states in a minority on a particular issue in the Council of Ministers. In the first book devoted to the subject the author analyses these constitutional reforms and the reluctance of the ECJ to implement them, and argues that the principle will not be able to perform this protective role effectively.