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The Application of EU Law in the New Member States - Brave New World (Hardcover, Edition.)
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The Application of EU Law in the New Member States - Brave New World (Hardcover, Edition.)
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The Application of EU Law in the New Member States - Brave New
World is a unique volume, providing readers with an in-depth
analysis of EU-related legal developments in the twelve new Member
States of the European Union. As anticipated, the new Member States
have experienced considerable challenges in the transposition and
application of EU law. The first five years have also brought a
series of controversial decisions of constitutional and supreme
courts on the principle of the supremacy of EC law and the position
of third pillar legislation in national legal systems. There is
also a growing body of highly interesting decisions of lower
courts, proving that EU law is slowly making its way and its
effectiveness should not be at risk in the long term. Having passed
the phase of shyness, domestic courts in at least a few of those
countries have already started to send references for the
preliminary rulings to the European Court of Justice. Despite some
early disappointments, the new references are, in most cases,
admissible and very interesting from the substantive point of view.
A purely technocratic approach may immediately lead to a conclusion
that all these efforts are not sufficient and that the newcomers
are underperforming. However, if one takes into account the breadth
of the reforms and changes those countries have undergone in the
past two decades the conclusion may be different. The emerging
picture is quite impressive when economic, political and social
factors are taken into account. The countries of Central and
Eastern Europe, which had managed to escape the brain draining
ruthless Soviet empire, have spent the last twenty years in a deep,
multidimensional transformation. Membership of the European Union
is yet another challenge they are faced with. One should not think
of those countries as children of a lesser God, but rather a Brave
New World negotiating its way in the contemporary Europe. This book
is important reading for academics, practitioners and civil
servants in the EU Member States and candidate countries. Dr Adam
Lazowski is Reader in Law at the School of Law, University of
Westminster, London, UK.
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