the individual statuses as pillar of European Union integration /
Antonio Bartolini, Roberto Cippitani, Valentina Colcelli, editors.
Cham, Switzerland :
Springer,
[2019]
1 online resource
Includes bibliographical references.
Intro; Foreword; Contents; Introduction; References; Part I: Historical and Juridical Contexts for the Status Within European Union Law; Historical Overview of the Status Topic; 1 Status in Ancient Rome; 1.1 Status in the Language of the Romans; 1.2 The Community Concept of Personal Status Within the Romans; 1.3 The Stability of Personal Status; 2 Status in the Medieval Age; 3 Status and Legal Capacity: The Theory of the Three Status (XVI-XVIII Centuries); 4 French Revolution; 5 Henry Sumner Maine's Theory (Ancient Law: 1861); 6 Status and State.
1 Introduction2 The Legal Scheme; 3 European Union and International Legal Framework; 4 Conclusion; Asylum Seeker; 1 Introduction; 2 The Traditional Understanding of 'Asylum Seeker' in International Law; 3 The Definition of 'Asylum Seeker' in EU Law; 4 The Asylum Seeker as a Legal Category & Implications Thereof Within the EU; 5 Conclusion; References; Author; 1 Introduction; 2 The Status of Author in the European Legal Traditions; 3 Author as First Owner of Rights; 4 The Author as Creator of the Work; 5 Conclusion; References; Banker; 1 Introduction; 2 From Dirigisme to the Great Moderation.
3 The Europeanisation of Banking Regulation4 The Effects of the Last Great Financial Crisis: The Federalising Process of Banking Regulation and the Banking Union; 5 General Effects on Freedom of Establishment of Banks and to Provide Banking Services in the European Union; References; Biological Mother; 1 Introduction; 2 Surrogacy; 3 Personal Identity and Heterologous Medically Assisted Reproduction; References; Child and Adolescent; 1 Introduction; 2 Definition of a Child and Adolescent Within EU; 3 Children's Rights in the Pre-Lisbon Period; 4 Children's Rights in the Post-Lisbon Period.
4 The 'Enjoyment of Civil Rights' As an Instrument for Fulfilment of the Non-discrimination Principle5 Conclusions; References; Part II: Dictionary of European Union Statuses; Administrative Judges in Europe; 1 The Reasons Why There Are Administrative Judges in European Legal Systems; 2 The Characteristics of the Review Carried Out by the Administrative Judge in Some European Legal Systems; 3 The Role of the Case Law of the Court of Justice and the European Court of Human Rights as the Main Instrument for the Progressive Establishment of a European Process Model; References; Artist.
7 Persistence of Community Theories in the Face of Individualistic-Egalitarian Theories in the Most Recent Civil DoctrineReferences; From Cosmopolitan Individual Status (French Civil Code of 1804) and "l'exercice des droits civils" to EU Citizenship; 1 Introduction; 2 Code Napoléon and How the Concept of Legal Capacity Has Evolved into Individual Supra-Regional Status; 3 EU Citizenship As Fundamental to EU Individuals' Status and "l'exercice des droits civils" in the Member State of Destination.
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This Dictionary analyses the ways in which the statuses of European citizens are profoundly affected by EU law. The study of one's particular status (as a worker, consumer, family member, citizen, etc.) helps to reconsider the legal notions concerning an individual's status at the EU level. The Dictionary includes a foreword by Evgeni Tanchev, Advocate General at the Court of Justice of the European Union, which illustrates some interesting features of the Court's case law on statuses. The Dictionary's core is composed of 79 chapters, published in alphabetical order. Each brief chapter analyses how the individual status was conditioned or created by contemporary EU law, or how the process of European integration modified the traditional juridical definition of the respective status. The Dictionary provides answers to the following questions: Has the process of European integration modified the traditional juridical definition of individual status? Has the concept of legal status now acquired a new function? What role has EU law played in developing a new modern function for the concept of individual status? Are the selection of a specific individual status by EU law and the proliferation of such statuses, which is synonymous with the creation of new privileges, collectively undermining the goal of achieving substantive equality between EU citizens? Does this constitute a return to the past? Under EU law, is it possible to create a uniform definition of the legal status of the person, over and above the definition that is provided by a given Member State's legal system?