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In this important book, eighteen of Europe's most respected jurists
and legal scholars look at long-term developments in Community and
Union law with a view to shedding light on the current situation
and pointing out lessons for the future. They consider major
Community law themes as they have developed over the past four
decades in institutional and substantive contexts, as well as in
such newer areas of development as external relations, economic and
monetary union, and the Third Pillar. Starting from the absolute
centrality of the Common Market to the European Community
enterprise, the authors provide many reminders of how the current
situation evolved. Their detailed root analyses of past experiences
explore origins, patterns, and implications from the initial
concept of market access, through laws relating to individual
rights, to such complexities as the bottom-up emergence of
constitutional principles. They show that, whether we will in fact
soon see a European constitution or not, there is little doubt
today that EC law is undergoing what may be best understood as a
process of constitutionalization. Seventeen insightful essays give
deeper meaning to many events, principles, and issues which have
had far-reaching implications for European integration, including
the following: the crucial principles made clear by the ECJ in Van
Gend & Loos in 1963; the place of fundamental rights in a
supranational legal order; tensions to be resolved through
political and legal means; exclusive, shared and supporting,
competences; the gradual rise of principles such as subsidiarity
and proportionality; the precautionary principle; the legitimacy
and authority of the ECJ; the extent to which fundamental freedoms
have become fundamental rights; the procedural rules of European
competition policy enforcement; state aid under EC Treaty Article
87(1); the case for harmonization of private law, social policy and
equal treatment; institutional balance; the EU as global actor; the
evolution of the EU Charter of Fundamental Rights; and the
Constitutional Treaty. The European Union is a dynamic legal order,
and continues to face myriad challenges and dilemmas as it expands
its membership and considers a European constitution. This
concentrated summary of the most important issues in forty years of
legal developments reveals both the lasting triumphs along the way
and the gaps that require urgent attention if the legitimacy of the
Union is not to be impaired. Participants in European law and
government, from citizens and students to the highest levels of
policy making, will find here an invaluable resource for the future
and much food for thought. These articles were first presented at a
conference held at the end of 2003 to mark the 40th anniversary of
the Common Market Law Review, and were originally published in a
special issue of the "Review".
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