This book presents a selection from papers, including some speeches and book chapters, published by Ernst Hirsch Ballin in English since 1991. His work, both in academic life and in several public offices, expresses an awareness of the impact of a lack of public trust and trustworthiness concerning respect for human rights and the rule of law, and the effects that this often has in cross-border relations. The papers, starting with a programmatic speech on 'investing in confidence' at a symposium on police and judicial cooperation in the EU, were written against the backdrop of Hirsch Ballin's quest for institutions and practices that respect and promote human rights within and beyond national constitutional arrangements, and that seek to reduce the risks of exclusions and injustices both for vulnerable individuals and groups, as well as for future generations. The collection focuses on constitutional and administrative law and, more specifically, on the relationship between these legal domains and the constitutional principles of the rule of law, democracy and human rights. Alongside this selection of work celebrating Hirsch Ballin's work and retirement, Boom juridisch has also published a collection of papers in Dutch entitled Recht doorgronden. Keuze uit wetenschappelijk werk over publiekrecht, rechtsstaat en beleid 1993-2021.
In this lecture – the first Dutch Thomas More Lecture, given in ’s-Hertogenbosch on 30 March 2011 – Ernst Hirsch Ballin (Amsterdam, 1950), former Minister of Justice and Minister of the Interior, now a professor of law at the universities of Tilburg and Amsterdam, finds common ground between Thomas More’s early sixteenth century Christian humanism and present-day issues of law and justice. The beginning of Utopia is set in the Low Countries, and opens with a meeting in Antwerp between Thomas More and the Flemish humanist Peter Giles, after More had visited the Cathedral of our Lady in Antwerp. Giles introduced More to a fictitious traveller who had sailed the Seven Seas. But the meeting between More and Giles in Antwerp was real.
This Open Access book offers a novel view on the benefits of a lasting variation between the member states in the EU. In order to bring together thirty very different European states and their citizens, the EU will have to offer more scope for variation. Unlike the existing differentiation by means of opt-outs and deviations, variation is not a concession intended to resolve impasses in negotiations; it is, rather, a different structuring principle. It takes differences in needs and in democratically supported convictions seriously. A common core remains necessary, specifically concerning the basic principles of democracy, rule of law, fundamental rights and freedoms, and the common market. By taking this approach, the authors remove the pressure to embrace uniformity from the debate about the EU’s future. The book discusses forms of variation that fall both within and outside the current framework of European Union Treaties. The scope for these variations is mapped out in three domains: the internal market; the euro; and asylum, migration and border control.
Ernst Hirsch Ballin discusses the significance of citizens’ rights against the backdrop of ongoing migration and urbanization in the beginning of the 21st century. The traditional view that each state has the sovereign power to give or withhold citizenship, puts the full enjoyment of human rights at risk whenever exclusion is based on differences in nationality. Citizens’ rights are the essential connecting link between human rights and life in a democratic society. Citizens have an individual right, as a citizen, to take part in the democratic process and in the structures of solidarity of the state where they are effectively at home. By recognizing everyone’s right to the citizenship of the state in which they can make these rights a reality, citizens’ rights can bridge the gap between the universality of human rights and the changing political and social settings of people’s lives. Limits on dual citizenship are counterproductive, European citizenship paves the way for transnational citizenship. "Hirsch Ballin's book is very important for academics and practitioners in the field of citizenship. It embraces the complexity of citizenship with all its academic, practical and emotional meanings. Hopefully, Hirsch Ballin's work can serve as a compass for new directions in immigration and naturalisation debates." Katja Swider in: Journal of European Integration, Vol 38. nr. 4, 2016
Freedom of religion consists of the right to practice, to manifest and to change one’s religion. The modern democratic state is neutral towards the variety of religions, but protects the right of citizens to practice their different religious beliefs. Recent history shows that a number of religious claims challenge the neutral state. This happens especially when secularity is rejected as the basis of the modern state. How can conflicting interpretations of the relation between religion and state be balanced in our world? This book reflects on conflicts that seem to be implied in the freedom of religion, on its causes and how they can be overcome. Contributors are: Katajun Armipur, Ernst Hirsch Ballin, Ian Cameron, Susanne Döhnert, Leslie Francis, Carsten Gennerich, Handi Hadiwitanto, Mandy Robbins, Prof. Hans Schilderman, Stefanie Schmahl, Carl Sterkens, Alexander Unser, Johannes A. van der Ven and Hans-Georg Ziebertz.
This open access book follows the idea that security policy must be based on strategic analysis. Defence policy and the role of the armed forces can subsequently be determined on the grounds of said analysis. More than ever, internal and external security, and developments both in the Netherlands and abroad are interconnected. The world order is shifting, the cooperation within NATO and the EU is under pressure and the Dutch armed forces are gasping for breath. What is the task of Dutch security and the defence policy? There have been growing calls in the last few years to end the devastating cuts in the defence budget and to invest more in security. The acute threats and conflicts in which the Netherlands are involved have served as a wake-up call. The shooting down of Flight MH17 over Ukraine, the streams of refugees from Syria and other countries, the conflict with Da'esh in Syria and Iraq, and terrorist threats reveal how events in many of the world's flash-points have a direct or indirect impact on the Netherlands. Conflicts in other countries have a spill-over effect in The Netherlands. This is illustrated by tensions between population groups and the clashes over the Gülen schools after the failed putsch in Turkey on 15 July 2016 and over the constitutional referendum in that country. How do we ensure that any additional funds are not divided amongst the branches of the armed forces without any sense of strategic direction? What should a future-proof security policy that plots the course of defence policy entail? What strategic analyses should lie behind the political choices that are made? This book answers these questions and offers a comprehensive framework addressing among other things human security, national security and flow security.
Ernst Hirsch Ballin discusses the significance of citizens’ rights against the backdrop of ongoing migration and urbanization in the beginning of the 21st century. The traditional view that each state has the sovereign power to give or withhold citizenship, puts the full enjoyment of human rights at risk whenever exclusion is based on differences in nationality. Citizens’ rights are the essential connecting link between human rights and life in a democratic society. Citizens have an individual right, as a citizen, to take part in the democratic process and in the structures of solidarity of the state where they are effectively at home. By recognizing everyone’s right to the citizenship of the state in which they can make these rights a reality, citizens’ rights can bridge the gap between the universality of human rights and the changing political and social settings of people’s lives. Limits on dual citizenship are counterproductive, European citizenship paves the way for transnational citizenship. "Hirsch Ballin's book is very important for academics and practitioners in the field of citizenship. It embraces the complexity of citizenship with all its academic, practical and emotional meanings. Hopefully, Hirsch Ballin's work can serve as a compass for new directions in immigration and naturalisation debates." Katja Swider in: Journal of European Integration, Vol 38. nr. 4, 2016
Written by Ernst Hirsch Ballin, this original Advanced Introduction uncovers the foundations of legal research methods, an area of legal scholarship distinctly lacking in standardisation. The author shows how such methods differ along critical, empirical, and fundamental lines, and how our understanding of these is crucial to overcoming crises and restoring trust in the law. Key topics include a consideration of law as a normative language and an examination of the common objects of legal research.
Freedom of religion consists of the right to practice, to manifest and to change one’s religion. The modern democratic state is neutral towards the variety of religions, but protects the right of citizens to practice their different religious beliefs. Recent history shows that a number of religious claims challenge the neutral state. This happens especially when secularity is rejected as the basis of the modern state. How can conflicting interpretations of the relation between religion and state be balanced in our world? This book reflects on conflicts that seem to be implied in the freedom of religion, on its causes and how they can be overcome. Contributors are: Katajun Armipur, Ernst Hirsch Ballin, Ian Cameron, Susanne Döhnert, Leslie Francis, Carsten Gennerich, Handi Hadiwitanto, Mandy Robbins, Prof. Hans Schilderman, Stefanie Schmahl, Carl Sterkens, Alexander Unser, Johannes A. van der Ven and Hans-Georg Ziebertz.
This Open Access book offers a novel view on the benefits of a lasting variation between the member states in the EU. In order to bring together thirty very different European states and their citizens, the EU will have to offer more scope for variation. Unlike the existing differentiation by means of opt-outs and deviations, variation is not a concession intended to resolve impasses in negotiations; it is, rather, a different structuring principle. It takes differences in needs and in democratically supported convictions seriously. A common core remains necessary, specifically concerning the basic principles of democracy, rule of law, fundamental rights and freedoms, and the common market. By taking this approach, the authors remove the pressure to embrace uniformity from the debate about the EU’s future. The book discusses forms of variation that fall both within and outside the current framework of European Union Treaties. The scope for these variations is mapped out in three domains: the internal market; the euro; and asylum, migration and border control.
One needs to learn from the experience of the individual, from specific real-life situations, where and how the law can promote justice. This is a desideratum that goes beyond the mere question of whether the application of a rule is compatible with fundamental rights and human rights treaties. Law that acknowledges human dignity, the first desideratum that follows from the acknowledgement of that human dignity as the most basic fundamental right, operates in a dynamic of detachment to ensure equality and proximity to the individual to reflect the uniqueness of the lives we live. To illustrate the author takes a number of examples from those fields of law that impinge most closely on the lives of individuals – criminal law, family law, and immigration law. It is there that the law touches on the intimacy of human lives. Perhaps paradoxically, the importance of this is heightened by the formation of the cross-border, European, and global networks of relationships that increasingly shape our lives. The interconnectedness of our lives and how that transcends the boundaries of culture, language, and state determines the realities of the law in the twenty-first century and requires us to consider carefully the interconnection of the general with the personal.
This Open Access book offers a novel view on the benefits of a lasting variation between the member states in the EU. In order to bring together thirty very different European states and their citizens, the EU will have to offer more scope for variation. Unlike the existing differentiation by means of opt-outs and deviations, variation is not a concession intended to resolve impasses in negotiations; it is, rather, a different structuring principle. It takes differences in needs and in democratically supported convictions seriously. A common core remains necessary, specifically concerning the basic principles of democracy, rule of law, fundamental rights and freedoms, and the common market. By taking this approach, the authors remove the pressure to embrace uniformity from the debate about the EU’s future. The book discusses forms of variation that fall both within and outside the current framework of European Union Treaties. The scope for these variations is mapped out in three domains: the internal market; the euro; and asylum, migration and border control.
Thank you for visiting our website. Would you like to provide feedback on how we could improve your experience?
This site does not use any third party cookies with one exception — it uses cookies from Google to deliver its services and to analyze traffic.Learn More.