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This insightful and discerning book offers a fresh discourse on the
functioning of national courts as decentralised EU courts and a new
thematic for revising some older understandings of how national
judges apply EU law. Organised into three key sections, the
interdisciplinary chapters combine approaches and theories
originating from law, political science, sociology and economics.
The first section addresses issues relating to judicial dialogue
and EU legal mandates, the second looks at the topic of EU law in
national courts and the third considers national courts' roles in
protecting fundamental rights in the area of freedom, security and
justice. The analysis of each is enriched through diverse research
methods such as case-law analysis, citation network analysis,
interviews, surveys and statistics. With its new legal and
empirical assessment covering the newest member states of the EU,
National Courts and EU Law will hold strong appeal for scholars and
students in the fields of EU law, social sciences and humanities.
It will also be of use to legal practitioners interested in the
issue of judicial application of EU law. Contributors include: M.
Claes, M. de Visser, M. de Werd, M. Wind, B. de Witte, T. Evas, M.
Gorski, C. Hermanin, U. Jaremba, J.A. Mayoral, D. Piqani, K.
Podstawa, R. Raffaelli, U. Sadl, A. Tatham, A. Torres Perez
Differentiation was at first not perceived as a threat to the
European project, but rather as a tool to promote further
integration. Today, more EU policies than ever are marked by
concentric circles of integration and a lack of uniform
application. As the EU faces increasingly existential challenges,
this timely book considers whether the proliferation of mechanisms
of flexibility has contributed to this newly fragile state or
whether, to the contrary, differentiation has been fundamental to
integration despite the heterogeneity of national interests and
priorities. Written by emerging and established experts in the
field, the chapters examine the present and future of
differentiation in EU law. Part I covers general institutional
aspects, with contributors examining the nature and characteristics
of the various institutional and extra-institutional forms of
differentiation. Part II takes a policy-oriented perspective,
focussing on areas of EU law and policy in which differentiated
integration is prevalent or particularly intriguing. This includes
Economic and Monetary Union, the internal market, justice and home
affairs, and foreign policy. Differentiated integration is now a
defining feature of the EU polity, with the potential to impact
almost every facet of EU regulation. This book will be essential
reading for students and academics in EU law or anyone interested
in the future of EU integration. Contributors include: V. Borger,
M. Dawson, M. de Visser, B. De Witte, W. Devroe, A. Durana, N.
El-Enany, C. Fasone, E. Ferran, E. Herlin-Karnell, C. Herrmann, S.
Kingston, P. Koutrakos, A. Ott, S. Peers, D. Thym, P. Van
Cleynenbreugel, S. Van den Bogaert, A.P. van der Mei, E. Vos, M.
Weimer
This well-constructed, and well-written, collection fills a gap in
the scholarship. It offers a rounded and plausible picture of the
Court's role in Europe, engaging with the complexity of the law
without losing sight of the bigger political picture.
Well-contextualised, critical, but nuanced, discussions of the role
of rights, economics, science, and institutions, and of the
important particularities of EU adjudication, will make this volume
unmissable for those interested in the political role of the Court
of Justice of the EU.' - Gareth Davies, VU University of Amsterdam,
The NetherlandsThis book delves into the rationale, components of,
and responses to accusations of judicial activism at the European
Court of Justice. Detailed chapters from academics, practitioners
and stakeholders bring diverse perspectives on a range of factors -
from access rules to institutional design and to substantive
functions - influencing the European Court's political role. Each
of the contributing authors invites the reader to approach the
debate on the role of the Court in terms of a constantly evolving
set of interactions between the EU judiciary, the European and
national political spheres, as well as a multitude of other actors
vested in competing legitimacy claims. The book questions the
political role of the Court as much as it stresses the
opportunities - and corresponding responsibilities - that the
Court's case law offers to independent observers, political
institutions and civil society organisations. Judicial Activism at
the European Court of Justice will appeal to researchers and
graduate students as well as to EU and national officials.
Contributors: A. Arnull, L. Azoulai, M. Bulterman, S. Carrera, M.
Dawson, M. de Visser, B. de Witte, V. Hatzopoulos, M. Hoereth, C.
Kaupa, E. Muir, B. Petkova, E. Vos, C. Wissels
EU Federalism and Constitutionalism: The Legacy of Altiero
Spinelli, edited by Andrew Glencross and Alexander H. Trechsel,
represents the first book-length study of the travails of the
implementation of federalism at the European level from the
perspective of Altiero Spinelli's ideas and his political life,
which were both devoted to a federally united Europe. It is also a
timely publication given the protracted struggle to implement a new
EU institutional architecture the 2009 Lisbon Treaty that is
already being tested by the fallout from the global financial
crisis. This fallout has brought into stark relief the tensions
within the EU over the question of enhancing solidarity and federal
unity or remaining a looser association of sovereign states. Hence
by examining the successes and failures of federalism within the EU
system, the book seeks to explain not only how the EU has reached
its current impasse but also how it may fare in the future. To
achieve this objective, the book takes an interdisciplinary
approach that covers all three dimensions of the European project:
historical, legal, and political. In this fashion, Andrew Glencross
and Alexander H. Trechsel's EU Federalism and Constitutionalism:
The Legacy of Altiero Spinelli offers a comprehensive and
up-to-date analysis of the history, evolution, and future of
federal principles and institutions in the European integration
process."
Globalization and international economic governance offer
unprecedented opportunities for cultural exchange. Foreign direct
investments can promote cultural diversity and provide the funds
needed to locate, recover and preserve cultural heritage.
Nonetheless, globalization and international economic governance
can also jeopardize cultural diversity and determine the erosion of
the cultural wealth of nations. Has an international economic
culture emerged that emphasizes productivity and economic
development at the expense of the common wealth? This book explores
the 'clash of cultures' between international law and international
cultural law, and asks whether States can promote economic
development without infringing their cultural wealth. The book
contains original chapters by experts in the field. Key issues
include how international courts and tribunals are adjudicating
culture-related cases; the interplay between indigenous peoples'
rights and economic globalization; and the relationships between
culture, human rights, and economic activities. The book will be of
great interest and use to researchers and students of international
trade law, cultural heritage law, and public international law.
Culture represents inherited values, ideas, beliefs, and
traditions, which characterize social groups and their behaviour.
Culture is not a static concept but rather a dynamic force and as
such has always benefitted from economic exchange. Nowadays
globalization and international economic governance offer
unprecedented opportunities for cultural exchange. In parallel,
foreign direct investments can promote cultural diversity and
provide the funds needed to locate, recover and preserve cultural
heritage. Nonetheless, globalization and international economic
governance can also jeopardize cultural diversity and determine the
erosion of the cultural wealth of nations. The increase in global
trade and foreign direct investment (FDI) has determined the
creation of legally binding and highly effective regimes that
demand states to promote and facilitate trade and FDI. An
international economic culture has emerged that emphasizes
productivity and economic development at the expense of the common
wealth.This book explores the 'clash of cultures' between
international law and international cultural law exploring some key
questions such as whether states can promote economic development
without infringing their cultural wealth? The book is split into
four parts, the first part explore the main themes and challenges
while part two considers the cultural life of international
economic law, part three focuses on intellectual property law and
the fourth explores issues in European law. The book contains
original chapters by experts in the field including Yvonne Donders,
Francesco Francioni, Federico Lenzerini and Ana Vrdoljak. It covers
issues including whether grass root resistance developed to cope
with the threats to culture posed by economic globalization, how
international courts and tribunals are adjudicating culture-related
cases, and the relationships between culture, human rights, and
economic activities.
Whereas individual Member State governments of the European Union
occasionally complain about judgments of the European Court of
Justice (ECJ), especially when those judgments curtail that State's
policy autonomy in a sensitive domain, the collectivity of the
Member State governments have agreed in each treaty revision so far
to confirm and extend the far-reaching powers which the ECJ
possesses for enforcing EU law. The explanation of the paradox can
only be that, deep down, the Member States of the EU remain
convinced that an effective ECJ with strong enforcement powers is
one of the salient features of EU law which have stood the test of
time and feel no inclination to clip the wings of the ECJ for fear
that this would affect the effectiveness of the European
integration process. Nevertheless, the grumblings about single
judgments, or about the consistency and direction of the ECJ in
particular policy fields, have never ceased and indeed have become
more audible in recent years. This book - now available in
paperback - deals with the perception that the ECJ quite often does
not leave sufficient autonomy to the Member States in developing
their own legal and policy choices in areas where European and
national competences overlap.
While scholarly writing has dealt with the role of law in the
process of European integration, so far it has shed little light on
the lawyers and communities of lawyers involved in that process.
Law has been one of the most thoroughly investigated aspects of the
European integration process, and EU law has become a
well-established academic discipline, with the emergence more
recently of an impressive body of legal and political science
literature on 'European law in context'. Yet this field has been
dominated by an essentially judicial narrative, focused on the role
of the European courts, underestimating in the process the
multifaceted roles lawyers and law play in the EU polity, notably
the roles they play beyond the litigation arena. This volume seeks
to promote a deeper understanding of European law as a social and
political phenomenon, presenting a more complete view of the
European legal field by looking beyond the courts, and at the same
time broadening the scholarly horizon by exploring the ways in
which European law is actually made. To do this it describes the
roles of the great variety of actors who stand behind legal norms
and decisions, bringing together perspectives from various
disciplines (law, political science, political sociology and
history), to offer a global multi-disciplinary reassessment of the
role of 'law' and 'lawyers' in the European integration process.
Constitutional Change through Euro-Crisis Law contains a
comparative constitutional analysis of the impact of a very broad
range of euro-crisis law instruments on the EU and national
constitutions. It covers contrasting assessments of the impact of
euro-crisis law on national parliaments, various types of criticism
on the EU economic governance framework, different views on what is
needed to improve the multilevel system of economic governance, and
valuable insights into the nature of emergency discourse in the
legislative arena and of the spillover from the political to the
judicial sphere. In addition, it deals with how bailout countries,
even if part of the same group of euro area Member States subject
to a programme, have reacted differently to the crisis.
This book reappraises the constitutional fundamentals of EU foreign
relations law. The essays in the book examine and reassess the
basic principles of EU foreign relations law that have emerged over
50 years of incremental Treaty-based and judicial development and
explore the particular character of the EU's "external
constitution". They have been written against a background of
change and debate: the deliberation over the character of the
appropriate constitutional framework which has surrounded the
drafting of the Constitutional and Reform Treaties, the
increasingly cross-pillar nature of much EU external action, and
renewed interest in the accountability of foreign relations policy
and practice to democratic and judicial review within and without
the EU. This collection will be of interest not only to EU foreign
relations law specialists but also to those concerned with broader
constitutional issues within EU law. In exploring the legal context
in which the EU seeks to develop an international identity, and to
structure and execute policies at the international level, the
collection will also interest those working in international
relations.
Social rights, while traditionally the neglected sibling within the
human rights family, have been prominent on the agenda in Europe in
recent years. The debate over the justiciability of social rights
in the EU's Charter of Fundamental Rights, and the revision of the
Council of Europe's European Social Charter, have contributed in
different ways to this prominence. The chapters in this book
examine these recent developments, and discuss some of the current
dilemmas and challenges for the system of protection of social
rights in Europe. The collection moves deliberately beyond the
traditional focus on labour rights to consider other social rights
which are seen to be of growing importance, such as health and
disability in particular. Writers who are familiar with, and in
some cases who have worked within, the various European systems
assess different aspects of their functioning, including their
respective mechanisms for monitoring and enforcement. The
relationship between the two main systems of protection of social
rights (The EU Charter of Fundamental Rights and the European
Social Charter) is considered both in a chapter on the possibility
for future accession of the EU to the ESC, as well as through a
series of case studies on the right to work, to health, to freedom
from discrimination, and the rights of the disabled. This approach
allows reflection on the respective strengths and weaknesses of
these two systems, and the existing tensions and synergies between
them.
Social rights, while traditionally the neglected sibling within the
human rights family, have been prominent on the agenda in Europe in
recent years. The debate over the justiciability of social rights
in the EU's Charter of Fundamental Rights, and the revision of the
Council of Europe's European Social Charter, have contributed in
different ways to this prominence. The chapters in this book
examine these recent developments, and discuss some of the current
dilemmas and challenges for the system of protection of social
rights in Europe. The collection moves deliberately beyond the
traditional focus on labour rights to consider other social rights
which are seen to be of growing importance, such as health and
disability in particular. Writers who are familiar with, and in
some cases who have worked within, the various European systems
assess different aspects of their functioning, including their
respective mechanisms for monitoring and enforcement. The
relationship between the two main systems of protection of social
rights (The EU Charter of Fundamental Rights and the European
Social Charter) is considered both in a chapter on the possibility
for future accession of the EU to the ESC, as well as through a
series of case studies on the right to work, to health, to freedom
from discrimination, and the rights of the disabled. This approach
allows reflection on the respective strengths and weaknesses of
these two systems, and the existing tensions and synergies between
them.
Constitutional Change through Euro-Crisis Law contains a
comparative constitutional analysis of the impact of a very broad
range of euro-crisis law instruments on the EU and national
constitutions. It covers contrasting assessments of the impact of
euro-crisis law on national parliaments, various types of criticism
on the EU economic governance framework, different views on what is
needed to improve the multilevel system of economic governance, and
valuable insights into the nature of emergency discourse in the
legislative arena and of the spillover from the political to the
judicial sphere. In addition, it deals with how bailout countries,
even if part of the same group of euro area Member States subject
to a programme, have reacted differently to the crisis.
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