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The Max Planck Handbooks in European Public Law describe and
analyse public law of the European legal space, an area that
encompasses not only the law of the European Union but also the
European Convention on Human Rights and, importantly, the domestic
public laws of European states. Recognizing that the ongoing
vertical and horizontal processes of European integration make
legal comparison the task of our time for both scholars and
practitioners, the series aims to foster the development of a
specifically European legal pluralism and to contribute to the
legitimacy and efficiency of European public law. The first volume
of the series began this enterprise with an appraisal of the
evolution of the state and its administration, offering both
cross-cutting contributions and specific country reports. The third
volume (the second in chronological terms) continues this approach
with an in-depth appraisal of constitutional adjudication in
various and diverse European countries. Fourteen country reports
and two cross-cutting contributions investigate the antecedents,
foundations, organization, procedure, and outlook of constitutional
adjudicators throughout the Continent. They include countries with
powerful constitutional courts, jurisdictions with traditional
supreme courts, and states with small institutions and limited ex
ante review. In keeping with the focus on a diverse but unified
legal space, each report also details how its institution fits into
the broader association of constitutional courts that, through
dialogue and conflict, brings to fruition the European legal space.
Together, the chapters of this volume provide a strong and diverse
foundation for this dialogue to flourish.
Over the past two decades new international courts have entered
the scene of international law and existing institutions have
started to play more significant roles. The present volume studies
one particular dimension of theirincreasing practice: international
judicial lawmaking. It observes that in a number of fields of
international law, judicial institutions have become significant
actors and shape the law through adjudication. The contributions in
this volume set out to capture this phenomenon in principle, in
particular detail, and with regard to a number of individual
institutions. Specifically, the volume asks how international
judicial lawmaking scores when it comes to democratic legitimation.
It formulates this question as part of the broader quest for
legitimate global governance and places it within the context of
the research project on the exercise of international public
authority at the Max Planck Institute for Comparative Public Law
and International Law.
"
Over the past two decades new international courts have entered
the scene of international law and existing institutions have
started to play more significant roles. The present volume studies
one particular dimension of theirincreasing practice: international
judicial lawmaking. It observes that in a number of fields of
international law, judicial institutions have become significant
actors and shape the law through adjudication. The contributions in
this volume set out to capture this phenomenon in principle, in
particular detail, and with regard to a number of individual
institutions. Specifically, the volume asks how international
judicial lawmaking scores when it comes to democratic legitimation.
It formulates this question as part of the broader quest for
legitimate global governance and places it within the context of
the research project on the exercise of international public
authority at the Max Planck Institute for Comparative Public Law
and International Law.
"
For the time being, the political project of basing the European
Union on a document entitled 'Constitution' has failed. The second,
revised and enlarged edition of this volume retains its title
nonetheless. Building on a scholarly rather than black-letter law
account, it shows European constitutional law as it looks following
the Treaty of Lisbon, with the EU's foundational treaties mandating
the exercise of public authority, establishing a hierarchy of norms
and legitimising legal acts, providing for citizenship, and
granting fundamental rights. In this way the treaties shape the
relations between legal orders, between public interest regulation
and market economy, and between law and politics. The contributions
demonstrate in detail how a constitutional approach furthers
understanding of the core issues of EU law, how it offers
theoretical and doctrinal insights, and how it adds critical
perspective. From Reviews of the First Edition: "...should be
mandatory reading for anyone who wants to get a holistic
perspective of the academic debate on Europe's constitutional
foundations...It is impossible to present the richness of thought
contained in the 833 pages of the book in a short review. " Common
Market Law Review "an enduring scholarly work, which gives an
English-speaking audience important, and overdue, access to the
long-standing and forever-vigorous traditions of (European)
constitutional law...unhesitatingly recommend[ed]." European Law
Journal "...real scholarship in the profound sense of the word..."
K Lenaerts, Professor of European Law, Leuven
This open access book deals with Article 7 TEU measures, court
proceedings, financial sanctions and the EU Rule of Law Framework
to protect EU values with a particular focus on checks and balances
in EU Member States. It analyses substantive standards, powers,
procedures as well as the consequences and implications of the
various instruments. It combines the analysis of the European
level, be it the EU or the Council of Europe, with that of the
national level, in particular in Hungary and Poland. The LM
judgment of the European Court of Justice is made subject to
detailed scrutiny.
The vast majority of all international judicial decisions have been
issued since 1990. This increasing activity of international courts
over the past two decades is one of the most significant
developments within the international law. It has repercussions on
all levels of governance and has challenged received understandings
of the nature and legitimacy of international courts. It was
previously held that international courts are simply instruments of
dispute settlement, whose activities are justified by the consent
of the states that created them, and in whose name they decide.
However, this understanding ignores other important judicial
functions, underrates problems of legitimacy, and prevents a full
assessment of how international adjudication functions, and the
impact that it has demonstrably had. This book proposes a public
law theory of international adjudication, which argues that
international courts are multifunctional actors who exercise public
authority and therefore require democratic legitimacy. It
establishes this theory on the basis of three main building blocks:
multifunctionality, the notion of an international public
authority, and democracy. The book aims to answer the core question
of the legitimacy of international adjudication: in whose name do
international courts decide? It lays out the specific problem of
the legitimacy of international adjudication, and reconstructs the
common critiques of international courts. It develops a concept of
democracy for international courts that makes it possible to
constructively show how their legitimacy is derived. It argues that
ultimately international courts make their decisions, even if they
do not know it, in the name of the peoples and the citizens of the
international community.
The concept of a European Constitutional Area has been used in
legal scholarship to describe a common space of constitutionalism
where national and international constitutional guarantees interact
to maintain the common constitutional values of Europe. This
concept has not yet been tested in a case where the constitutional
order of a Member State of the European Union seems to develop
systemic deficiencies. The present volume aims to assess recent
constitutional developments in Hungary and Romania, as well as the
interplay of national, international and European constitutionalism
which react to the loopholes in national constitutions.
Accordingly, a core part of the volume is an in-depth analysis of
the situation in Hungary and Romania. Based on that, the volume
offers an account of the different reaction mechanisms of the
European Union and of the Council of Europe. Beyond a detailed
stock-taking of these mechanisms, their legal and political
frameworks are explored, as well as different ways to extend their
reach. In this way, the volume contributes to a little-studied
aspect of European constitutionalism.
For the time being, the political project of basing the European
Union on a document entitled 'Constitution' has failed. The second,
revised and enlarged edition of this volume retains its title
nonetheless. Building on a scholarly rather than black-letter law
account, it shows European constitutional law as it looks following
the Treaty of Lisbon, with the EU's foundational treaties mandating
the exercise of public authority, establishing a hierarchy of norms
and legitimising legal acts, providing for citizenship, and
granting fundamental rights. In this way the treaties shape the
relations between legal orders, between public interest regulation
and market economy, and between law and politics. The contributions
demonstrate in detail how a constitutional approach furthers
understanding of the core issues of EU law, how it offers
theoretical and doctrinal insights, and how it adds critical
perspective. From Reviews of the First Edition: "...should be
mandatory reading for anyone who wants to get a holistic
perspective of the academic debate on Europe's constitutional
foundations...It is impossible to present the richness of thought
contained in the 833 pages of the book in a short review." Common
Market Law Review "an enduring scholarly work, which gives an
English-speaking audience important, and overdue, access to the
long-standing and forever-vigorous traditions of (European)
constitutional law... unhesitatingly recommend[ed]." European Law
Journal "...real scholarship in the profound sense of the word..."
K Lenaerts, Professor of European Law, Leuven
Among the prominent legal roles Claus-Dieter Ehlermann has played
in his career, his leadership of the Legal Service of the European
Commission is perhaps the best known. This liber amicorum appears
as his term at the Appellate Body of the World Trade Organization
draws to a close. In this book 30 of his colleagues offer fresh and
provocative insights into many of the areas of international law on
which Professor Dr Ehlermann has left his stamp. Topics include:
the WTO dispute settlement system; regulation of trade barriers;
the first signs of a global jurisprudence; the principle of
proportionality; enforcement of competition law; and the place of
human rights in European and global integration. This book's
evaluations and proposals should find thought-provoking echoes in
the minds of all those concerned with any of the integration
processes under way in today's interdependent world.
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