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​The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond.This second volume examines the constitutional positioning of cities across space and time. Unrelenting urbanisation means that most people are, or soon will be, living in cities and that city administrations become, in many respects, their quintessential governing units. Cities are places where State power is operationalised and concretised; where laws and government policies transform from parchment objectives to practical realities. In a similar vein, cities are also places for the realisation of the constitutional rights and liberties enjoyed by individuals.The book is organised around three sets of relations that await further unpacking in theory as well as practice: that between cities and other institutions in the national constitutional architecture; that between cities and their inhabitants; and that between cities and international organisations. The contributions to this book show the marked diversity in the role and powers available to cities in Europe and beyond, and identify principles and approaches to help stipulate new ways of thinking about the legal role and relevance of cities going forward.

The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This second volume examines the constitutional positioning of cities across space and time. Unrelenting urbanisation means that most people are, or soon will be, living in cities and that city administrations become, in many respects, their quintessential governing units. Cities are places where State power is operationalised and concretized; where laws and government policies transform from parchment objectives to practical realities. In a similar vein, cities are also places for the realisation of the constitutional rights and liberties enjoyed by individuals. The book is organised around three sets of relations that await further unpacking in theory as well as practice: that between cities and other institutions in the national constitutional architecture; that between cities and their inhabitants; and that between cities and international organisations. The contributions to this book show the marked diversity in the role and powers available to cities in Europe and beyond, and identify principles and approaches to help stipulate new ways of thinking about the legal role and relevance of cities going forward.

Het is een illusie dat migratie een vanuit Den Haag of Brussel te besturen fenomeen is. Maatschappelijk, economisch en juridisch heeft migratie vele verschijningsvormen, die niet zomaar op één noemer kunnen worden gebracht. In de politieke discussie moet een alternatief worden ontwikkeldvoor het ondeugdelijke meer/minder-discours en bijbehorende respectloze metaforen als ‘overstroming’ en ‘tsunami’.

This article examines what is necessary to solve statelessness in a sustainable manner that enhances the enjoyment of human rights. It does so by interpreting the right to nationality using three lenses through which the meaning of a response to statelessness can be better understood. It draws on human rights standards and democratic principles to comment on the traditional understanding of nationality, which gives States discretion over granting and withholding nationality. The three lenses used in this article to explore the concept of nationality are the idea of the right to be a citizen, that of one’s “own country”, and the right to an “effective” nationality. These three lenses present complementary views of what nationality means and how it relates to solving statelessness. Taken together they make clear that any real solution to statelessness requires more than the acquisition of “a” nationality. If we are to solve statelessness, we need to move beyond a State-centric understanding of the right to nationality to an understanding of nationality as the content of a human right to citizenship. What is needed is a nationality that represents a meaningful connection between a person and a State that enables the person involved to actively enjoy the rights attached to a nationality.

Big Data analytics in national security, law enforcement and the fight against fraud have the potential to reap great benefits for states, citizens and society but require extra safeguards to protect citizens' fundamental rights. This involves a crucial shift in emphasis from regulating Big Data collection to regulating the phases of analysis and use. In order to benefit from the use of Big Data analytics in the field of security, a framework has to be developed that adds new layers of protection for fundamental rights and safeguards against erroneous and malicious use. Additional regulation is needed at the levels of analysis and use, and the oversight regime is in need of strengthening. At the level of analysis – the algorithmic heart of Big Data processes – a duty of care should be introduced that is part of an internal audit and external review procedure. Big Data projects should also be subject to a sunset clause. At the level of use, profiles and (semi-) automated decision-making should be regulated more tightly. Moreover, the responsibility of the data processing party for accuracy of analysis – and decisions taken on its basis – should be anchored in legislation. The general and security-specific oversight functions should be strengthened in terms of technological expertise, access and resources. The possibilities for judicial review should be expanded to stimulate the development of case law.

The classical view of security as relating to nation states and the protection of their territory still lies at the heart of thinking about national and international security. Defence in the sense of national defence is a key task of the nation state and for centuries the sovereignty of states has formed the basis of the international legal order. Today, however, security encompasses more than protecting the state’s territory against military aggression by another state, as is illustrated in Fig. 2.1.

The previous chapter discussed the existing forms of variation within the internal market. The remainder of this book discusses forms of variation that fall both within and outside the current framework of European Union Treaty law. This chapter connects the various dots to reveal a broad range of variation options.

The European Economic and Monetary Union (EMU) and the euro and euro area to which it gave birth have often been presented as the definitive and irreversible outcome of European integration, or even as a historical necessity at a crucial time of major changes in world politics. Today, however, the story of deeper integration and unification through the single currency is being called into question.

Against the background of the profound changes in the Netherlands’ security environment and increased instability in the region around Europe and the challenges that need to be addressed by defence policy sketched in the previous chapter, the question is whether the armed forces are capable of adequately performing their tasks. This chapter investigates the state of the armed forces and defence policy and considers what the focus should be and what investments are needed. The discussion centres on the following questions

Strategic analysis, security policy, defence policy, the armed forces: that was the sequence followed in this book. The same sequence should be followed for the purpose of policy analysis. On the basis of a strategic analysis of the altered security environment, this book has considered what defence policy is required now and in the near future and where the armed forces need to be strengthened. The emphasis was on where the focus needs to be tightened and how additional investment should be used. The precise choices and priorities that should be formulated in that process must be determined in the political debate. It is of the utmost importance to conduct that debate. Security policy and defence policy depend on it. This final chapter makes a number of recommendations on how to make the necessary improvements and to create a more strategic foundation for the thinking of politicians and policymakers on security and defence. The book concludes with a discussion of the following points

In the preceding Chapters (2, 3 and 4) we have discussed the changing nature of security and the expansion of the concept of security and explored their consequences for the formulation of strategy. In this and the following chapters, the consequences for defence policy and the armed forces are analysed.

The European Yearbook of Constitutional Law (EYCL) is an annual publication initiated by the Department of Public Law and Governance at Tilburg University and devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond.This inaugurate volume examines the safeguards and limits of judicial power in a variety of constitutional systems, both at the national and supranational level. The book approaches the judiciary as part of the constitutional system operating within a legal order that connects the citizens and institutions of the state to each other. Looking at the judiciary from this broader perspective, the traditional doctrine of the separation of powers would appear no longer to adequately represent the diversity and complexity of constitutional systems and their democratic legitimacy. Judicial independence does not mean isolation, but should better be understood as institutionalizing relationships that legitimize the power of the courts. The notions of ‘safeguards’ and ‘limits’ indicate the reciprocally enabling and protecting nature of these relationships. In recognition of this, the contributions to this volume analyse these safeguards and limits as relations existing within a complex constitutional architecture.State institutions, today, are involved in a fundamental transformation of their selfunderstanding as a result of changes in political culture. Several contributions to this volume provide examples of political criticism and pressure on the judiciary, against which the usual guarantees are unable to provide adequate protection. A convincing and effective response to threats to the judiciary’s independence requires a detailed and precise analysis of the judiciary’s constitutional safeguards and limits. This book offers a step in that direction.

The expansion of the concept of security has also had an impact on security policy in the Netherlands, where security now encompasses far more than the military defence of the country’s own territory against hostile armies. The concern for human security in fragile situations elsewhere in the world and the economic relevance of flow security are relatively new focus areas in Dutch security policy. Accordingly, this chapter provides a further analysis of the integrated approach to security and development on the one hand, and security and the economy on the other, with an emphasis on the relevant policy efforts of the Netherlands.

Human migration is an outstanding example of a policy domain in which the links between European countries and their surroundings are revealed. The policy domains of asylum, migration and border control touch on international mobility, the protection of fundamental human rights, and international security all around Europe and within it. They also provoke intense debate among populations.

The previous chapter described how globalisation, the erosion of embedded liberalism and social protection, and pressure on mutual solidarity between Member States have led to growing frictions in the European Union. These frictions have usually had a combination of causes: external events, internal choices, or the unforeseen consequences of compromises that turned out better for one country or one segment of the population than for another.

The Netherlands’ security and defence policy is entering a crucial phase. Since the end of the Cold War and the ensuing apparent supremacy of American hegemony, the geopolitical force field has changed radically. The last decade has seen the emergence of a multipolar world which is creating increasing tensions that directly affect the Netherlands. This new order calls for a strategic analysis of the security environment on the basis of which defence policy, and more specifically the role of the armed forces, can be formulated.

The internal market, which encompasses the free movement of goods, persons, services and capital, is at the heart of European cooperation. The Treaty on the Functioning of the European Union (TFEU) prohibits Member States, and in some cases private organisations, from introducing measures that impede free movement. In addition, there are provisions in the Treaty that prohibit companies from obstructing competition in the internal market.

In dit artikel wordt, als onderdeel van een visie op de staatstaak in 2030, bepleit om een verblijfsovereenkomst naast de traditionele vergunning een plaats te geven in het vreemdelingenrecht. De migrant is niet meer alleen een onderdaan in spe, maar mogelijk een aankomende staatsburger. Toelating of weigering van toelating kan in vele gevallen een procedure van 'wederkerig bestuursrecht' worden, uitmondend in een verblijfsovereenkomst in plaats van een verblijfsvergunning

De hercodificatie van het burgerlijk recht was geen partijpolitiekomstreden project. Toch was het evenmin een technisch project. Anders dan bij de codificatie van 1838 zijn over het Nieuw BW – om te beginnen met Meijers’ vraagpunten – deskundigen en belanghebbenden gehoord en konden, als de onderwerpen zich daartoe leenden, maatschappelijke organisaties zich uitspreken. Met de hercodificatie van 1992 is de geest uit de fles: het nieuw Burgerlijk Wetboek is ‘gewoon’ een bijzonder deel van de wetgeving waarmee de Nederlandse samenleving democratisch zichzelf bestuurt. Het Burgerlijk Wetboek is geen neutrale techniek die in om het even welke samenleving past, maar werkt algemeen aanvaarde juridische beginselen en normen uit op een manier die aan de sociaal-economische behoeften van de tijd recht doet.

Thank you, Madam President, for this kind introduction. We are here with a delegation from The Hague, and on behalf of the Asser Institute, it was a pleasure for us to organize this panel in cooperation with the municipality and the Royal Dutch Netherlands Embassy. Thank you all for joining us at this Closing Plenary on “Building Trust in International Law and Institutions.”

De veeltaligheid van Europa is geen teken van zwakte, zoals eurosceptici menen, maar een bron van kracht. Ze helpt ons om via de ander te kijken en in te zien dat staten geen homogeniteit moeten nastreven. Dat populisten de EU toch als bedreiging zien, komt doordat zij naar Europa kijken zoals naar de eigen natiestaat, namelijk als machtsmiddel om controle over het leven van anderen uit te oefenen.

Buma beroept zich in de recente HJ Schoo-lezing op een in de joodschristelijke traditie geworteld begrip van vrijheid, dat in samenhang met een behoud van nationale eigenheid richtinggevend zou moeten zijn bij het overwinnen van de fragmentatie in de samenleving die ‘de gewone Nederlander’ treft. Het vrijheidsbegrip van Paulus wordt echter gekenmerkt door eenheid in verscheidenheid, en allerminst door een tegenstelling tussen ‘zij’ en ‘wij’.